Quarter 3, 2026: Updates on Safety-Sensitive Positions and Medical Marijuana-Related Employment Actions in Oklahoma
By: Attorney Whitney Cox
Oklahoma House Bill 3127 (“HB 3127”) takes effect November 1, 2026 and amends certain employment drug testing provisions in the Oklahoma Medical Marijuana and Patient Protection Act (the “OMMA”). Upon the effective date, employers with written drug testing policies may take adverse action against certain medical marijuana license holders and must enforce a zero tolerance standard on employees in safety-sensitive positions.
Before Nov. 1, 2026, employers can take adverse action against an employee or applicant having a medical marijuana license if: (i) the license holder does not have a valid medical marijuana license, (ii) the license holder is under the influence of marijuana at work or while working, or (iii) the position involves “safety-sensitive” job duties. Employers are to use reasonable belief to designate safety-sensitive positions. HB 3127 amends the OMMA to allow employers to take adverse action against a license holder for a positive marijuana test if such action is taken pursuant to a written drug testing policy that complies with Oklahoma law. Simply stated, Oklahoma employers with a legally
compliant drug testing policy may take adverse action against a license holder for a positive marijuana test.
If the license holder is employed in a safety-sensitive position, a new mandatory “zero tolerance standard” applies. This means holding a medical marijuana license will not
exempt a license holder from an adverse action as a result of a positive marijuana test if the holder is in a safety-sensitive position. Employers do not have discretion in applying
the new zero tolerance standard or enforcing policies that conflict with the zero tolerance standard. Any adverse action taken by the employer for a positive marijuana test will be governed by the employer’s legally compliant drug testing policy, and may include termination, refusal to hire, suspension, demotion, or reassignment.
While some employers might be inclined to breathe a sigh of relief with these revisions to the law, exhale with caution. While HB3127 removes the employer’s “reasonable
belief” standard and provides a non-exhaustive list of what constitutes a safety-sensitive position, a standard for determining what constitutes “safety-sensitive” has yet to be
articulated. Again, the zero tolerance standard is mandatory and must be applied to all employees in safety-sensitive positions regardless of circumstance.
Existing drug testing policies should be reviewed and revised to comply with HB 3127’s changes. Employers are encouraged to evaluate the job duties of each employee to
determine safety-sensitive positions. Employers must provide timely notice to employees before implementing a revised (or new) drug testing policy. The attorneys at Winters &
King are available for questions regarding compliance with these significant changes.