Page 9 - CannabisOkMagOnlineMay2019

CANNABIS OKLAHOMA | MAY 2019 9
or firearm accessory based solely on his or her status as a medical marijuana patient or caregiver.” Further, “no
state or local agency, municipality or county governing authority shall restrict, revoke, suspend or otherwise
infringe upon the right of a person to own, purchase, or possess a firearm, ammunition or firearm accessory or
any related firearms license or certification based solely on [the patient’s] status a medical marijuana patient or
caregiver.” Federal law, however, continues to restrict the sale of firearms to medical marijuana users.

Employee Rights

Unless required by federal law or required to obtain federal funding, an employer may not refuse to hire, disci-
pline, discharge or penalize an applicant or employee solely on basis of the applicant’s or employee’s status as a
medical marijuana licensee. An employer may refuse to hire, discipline, discharge or penalize an applicant or
employee solely on the basis of a positive test for marijuana if:

• the applicant or employee does not have a valid patient license; or

• the licensee possesses or utilizes medical marijuana or medical marijuana products while at the
place of employment or during fulfillment of employment obligations; or

• the position is one involving safety-sensitive job duties, such as (a) responsibility for hazardous
material, (b) operation of a motor vehicle, other vehicles, equipment, machinery or power tools, (c) repairing,
maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing pro-
cess, the malfunction of which could result in injury or property damage, (d) firefighting, (e) operation, mainte-
nance or oversight of critical services and infrastructure such as electric, gas, water, power generation or distri-
bution, (f) extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment
or transport of potentially volatile, combustible, flammable materials, elements, chemicals or any other highly
regulated component, (g) dispensing pharmaceuticals, (h) carrying a firearm, or (i) direct patient care or direct
child care;

AND

• The positive test is at or above the level established by the US Department of Transportation or Oklaho-
ma law regarding being under the influence (whichever is lower).

Patient Registry

The Unity Bill directs the OMMA to create a registry of patients and caregivers holding licenses. The registry is
intended to be available only to dispensaries for the purpose of verifying the patient or caregiver’s license. Oth-
erwise, the registry is to be marked confidential and not made available to the public. The handling of informa-
tion shall comply with all state and federal laws including HIPPA. Other than the dispensaries, the information
shall be available only to the licensee or caregiver, designees of the licensee, and licensee’s physician. Further, the
application, renewal and supporting documentation submitted by a patient or caregiver shall be exempt from the
Oklahoma Open Records Act.

Christopher B Woods & Alex King
20 East 5th Street, Suite 750
Tulsa, OK 74106
Office: 918-398-7212 Fax: 918-398-6158