Effective November 1, 2026, Oklahoma’s Medical Marijuana and Patient Protection Act (MMPPA) increases employer options for applying workplace drug testing policies to medical marijuana license holding employees.

The amended MMPPA eliminates the employment protections previously available to holders of Oklahoma medical marijuana licenses. Oklahoma employers may include in their written drug and alcohol policies a zero-tolerance standard (i.e., a positive test result may be the basis for discipline) for any employee or applicant marijuana testing – even if those testing positive hold a medical marijuana license. The amendments also more narrowly define safety-sensitive job positions and require application of a zero-tolerance standard for testing individuals in such positions.

All drug testing policies based upon Oklahoma’s Standards for Workplace Drug and Alcohol Testing Act must be in writing and changes to those policies must be communicated to employees 10 days in advance of implementation. All Oklahoma employers testing employees for drugs or alcohol should review their policy and consider amendments prior to November 1, 2026.

Oklahoma Law Prior to November 1, 2026

Prior to November 1, 2026, employers could not take adverse employment action based solely upon (a) possession of a valid medical marijuana license; or (b) a positive marijuana test, unless a statutory exception applied. Those exceptions frequently required employers to determine whether an employee was otherwise impaired or occupied a "safety-sensitive position" before imposing discipline. Employees in “safety-sensitive” positions are subject to discipline if they test positive for marijuana even if they held a valid medical marijuana license.

A Medical Marijuana License No Longer Offers Job Protections

The amendments effective November 1, 2026, provide that an employer’s policy may require that all employees subject to testing may be subject to discipline as a result of a positive test. With this change, an employer may disregard a medical marijuana license when making hiring or disciplinary decisions based upon a positive test result. Employers will still be prohibited from taking an adverse employment action against an individual solely due to the individual’s status as a medical marijuana license holder. Also note that an employee’s medical condition upon which the medical marijuana license is justified may still require an accommodation analysis under state and federal law.

Safety-Sensitive Classifications

Under the law in effect until November 1, 2026, employers can identify a job position as "safety-sensitive" based upon statutory parameters thus requiring employees in safety-sensitive positions to be free from marijuana even if the employees possess medical marijuana licenses. Although safety considerations remain important, the “safety-sensitive” designation will no longer be the central consideration for discipline involving a positive test for marijuana. The amendments specifically provide that employees in safety-sensitive positions shall be subject to zero-tolerance testing. The MMPPA does not define the term “zero-tolerance” but distinguishes it from impairment-based standards for testing. For example, “zero-tolerance” can mean that any trace of THC, without other indications of impairment, is sufficient grounds to impose discipline. Note, there is no indication that the MMPPA amendments modify Oklahoma’s Standards for Workplace Drug and Alcohol Testing Act, which authorizes employers to test but does not require testing.

Employers May Continue to Maintain Marijuana-Free Workplaces

While drug testing under Oklahoma statute requires a written policy, employers may still prohibit:

• Marijuana use during work hours;
• Impairment while working;
• Possession of marijuana on company property; or
• Violations of otherwise lawful workplace drug policies.

Consistent with existing law, employers may not refuse to hire an employee solely based upon the fact that the individual holds a medical marijuana license.

Federal Requirements Remain Unchanged

Oklahoma’s newest drug testing law does not alter federal obligations. Employers may remain subject to and should consider the impact of:

• Department of Transportation testing regulations;
• Federal drug-free workplace requirements;
• Efforts to reclassify marijuana from Schedule I to a Schedule III under the Controlled Substances Act; or
• Federal anti-discrimination laws requiring employers to engage in disability interactive analysis or accommodations.

Employer Considerations Prior to November 1st

Employers should:

• Review existing drug and alcohol testing programs and consider revising programs which previously exempted medical marijuana license holders in non-safety-sensitive job positions from discipline following a positive test for marijuana.
• Review “safety-sensitive” job designations based upon the revised statutory definition and, in the event of testing, apply a zero-tolerance standard to those job positions.
• Revise employment-related communications and policies to reflect changes in any testing standards.
• Publish any changes to drug and alcohol testing policies 10 days prior to implementation.

PrayWalker’s attorneys are available to review and assist in revising employment policies, including drug and alcohol testing policies established under Oklahoma’s Standards for Workplace Drug and Alcohol Testing Act and the Medical Marijuana and Patient Protection Act.

If you have a question about these FLSA letters or other employment questions, contact Kevin P. Doyle at kdoyle@praywalker.com.

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