While medical cannabis is legal, there are still questions about marijuana use in the workplace in Oklahoma. Sometimes, these laws can be in direct contrast with federal regulations. What are the legal risks for employers and employees? We’ll see how everyone can stay compliant under these laws.
Medical Marijuana Use Is Legal with Some Limitations
Medical marijuana use is legal in the state, but Oklahoma law does not require employers to accommodate all usage in the workplace. In these cases, employers have the right to enforce drug-free workplace policies. Under those circumstances, there is a potential conflict between employee rights under state law and employers’ policies to maintain a drug-free environment. Plus, there is the issue of federal and state law conflicts.
Under the Controlled Substances Act, employers who are subject to federal regulations or contracts must follow federal law. Any federal contractors, transportation companies subject to Department of Transportation (DOT) regulations, and companies in safety-sensitive industries must abide by these federal drug-free workplace policies.
With that, Oklahoma employers that operate under federal guidelines cannot allow employees to use marijuana, even if they have a valid medical marijuana card under state law.
What Are Employer Obligations?
All employers in Oklahoma have the right to maintain a drug-free workplace. Along with that, they do not have to permit marijuana use during work hours. Keep in mind that all employers are responsible for making sure workers have a safe environment. In certain industries, like construction or transportation, an impaired employee who uses medical marijuana on the job could be a major safety risk. In these cases, employers can legally prohibit employees from working under the influence of marijuana.
Drug testing is common for hiring and employment. However, employers cannot terminate or discipline an employee based on their medical marijuana card. But if the employee was impaired at work or that their marijuana use impacted their performance, then the employer can take action.
Oklahoma medical marijuana patients are protected against certain anti-discrimination provisions. Employers cannot discriminate against employees or applicants because they are medical marijuana patients. But keep in mind that there are exceptions for jobs involving safety-sensitive tasks, such as operating heavy machinery or driving a commercial vehicle.
What Employees Need to Know
While employees have a legal right to use medical marijuana, they may want to take steps to protect themselves from issues in the workplace. First, all employees should know their rights in the state. Everyone should familiarize themselves with Oklahoma’s medical marijuana laws and understand their protections against workplace discrimination.
Next, employees may be required to disclose their medical marijuana use to their employer, especially in a safety-sensitive job. If they fail to do so, then that could result in termination. Disclosing medical marijuana use may be required in certain situations, especially if the employee works in an industry regulated by federal law.
Finally, all employees should review their employer’s drug and alcohol policy. Knowing the rules and procedures can help prevent any issues affecting their job.
Find Out More on How to Navigate These Medical Marijuana Laws
With conflicting state and federal laws regarding marijuana use, there are legal risks for both employers and employees in Oklahoma. Employers must create clear policies while complying with state and federal laws. On the other hand, employees do need to remain mindful of their job’s drug policies and make sure that their marijuana use does not conflict with their job duties.
If you would like to know more about marijuana use in the Oklahoma workplace and how it could affect your cannabis-based business, feel free to reach out to the Brune Law Firm. You can schedule a consultation by calling us at (918) 238-7580.