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Oklahoma Drug Testing Laws and Regulations

State: Oklahoma
Statute of Order: OK Stat. Tit. 40 ยง551-565
Covered Employers: Public and private employers
Applicant Testing: Applicant testing is authorized with advance notice to applicant and after offer of employment has been made. Notice has to be in writing, describing methods, procedures, and policies in detail. Refusal to undergo drug testing or positive drug test are grounds for not hiring said applicant.
Employee Testing: Employees testing is authorized on 30 days advance notice to employees of policy describing the potential discipline for positive test result. For-cause drug testing, post-accident testing and random drug testing are permissible. Scheduled and random drug testing are mandatory to: police or peace officers; those who are authorized to carry firearms; those whose jobs directly affect the safety of the public; those who work in public hospitals and health centers; and those who work in correctional facilities.
Conditions & Methods: Testing facilities must be duly approved by the health department. Specimen shall be collected and tested by qualified personnel. Procedures must ensure privacy and confidentiality of results. Confirming test must be conducted in case of positive findings.
Important Bulletpoints:
  • Apart from compliant applicant testing upon conditional offer of employment, authorized chemical tests for controlled substances include reasonable suspicion, post-accident, random testing (with restrictions to public employers for specific positions; unrestricted for private employers), as part of periodic fitness-for-duty medical examination (same restrictions for public employers apply), and post-rehabilitation testing.
  • The employer’s drug or alcohol testing policy must be compliant with the provisions of the Standards for Workplace Drug and Alcohol Testing Act and must be communicated to employees and prospective employees through posting at prominent employee access areas, personally handing a copy of the policy, through mail, or via e-mail with document receipt capability.
  • The employer shall pay for all costs of the drug or alcohol testing as required including confirmation tests and transportation costs of the employee to the testing laboratory. Employee requested retests for confirmed positives to be paid by the employee unless the results of the retesting come out negative. In such cases the employer pays for the cost of the retest. The time allotted to the tests is to be considered as compensable work time.
  • Collection of samples may be performed on-site but only by qualified individuals as determined by the State Board of Health. Actual testing must be conducted at licensed testing facilities only.
  • An employer requiring or requesting an employee to undergo drug or alcohol testing must also provide an employee assistance program, either in-house or contracted, that provides at the minimum substance dependency evaluation and referral services for counseling, treatment and rehabilitation.
  • An employer may only take adverse employment action upon a confirmed positive test result. An employee’s refusal to undergo compliant drug or alcohol testing is also a basis for disciplinary action. For cases of refusal to test or a confirmed positive test, the employee is considered discharged for misconduct and may be ineligible for benefits.
  • An employee discharged due to a positive drug test or his refusal to undergo drug testing is considered discharged for misconduct and cannot avail of unemployment benefits.
Medical Marijuana Law:

Oklahoma has no rules and regulations pertaining to the possession and use of medical marijuana. SB 710, authored by Senator Constance Johnson, calls for the legalization of medical marijuana in the state of Oklahoma. However, this bill was vetoed by the state committee.

Oklahoma expanded the controlled protection of patients who are using low THC, high-CBD cannabis oil for specific medical conditions. In 2015, HB 2835 was passed, allowing adult patients to use low THC, high-CBD cannabis oil. The bill also added to the list of qualifying medical conditions the following: obstinate nausea, vomiting, spasticity due to paraplegia or multiple sclerosis. Note that minors have been covered by the existing law.2 A summary of the law is found here.

Qualifying Medical Conditions:

• Pediatric epilepsy

• Obstinate nausea, vomiting

• Spasticity due to paraplegia

• Multiple Sclerosis

Limitations

• CBD products are only to be sourced from either mature stalks or seeds of the marijuana plant.

• Prohibits drivers with detectable level of drug metabolite from operating a motor vehicle.

• CBD content should not be greater than 3/10th of 1% THC.

Recreational Marijuana Law

Oklahoma has no recreational marijuana law. Possession and distribution of marijuana is considered a felony.

In the November 8, 2016 elections, 7 measures were voted on by the residents of Oklahoma. Among the State Questions asked, SQ 780 was specifically designed to re classify some non-violent drug and theft-related crimes, and deemed them as misdemeanors instead of felonies. This will effectively reduce maximum penalty to only a year in prison, and reduce the fine to $1,000.

SQ 781 pertains to use the money saved by the reclassification of specific drug and property crimes as misdemeanors, for funding rehabilitation programs. Reduced prison cost as a consequence of implementing SQ 780 will be redistributed to counties for the rehabilitation of criminals. These two SQs are lumped together as without SQ 780, funding for SQ 781 will not exist.

Limitations

• First time offenders are given conditional release to opt for probation instead of trial. After probation, the person's criminal record is not affected.

Effects on Drug Testing in the Workplace

Oklahoma employers are allowed to require applicants to undergo drug testing as a condition of employment. They may also require employees to undergo drug testing after an accident in the workplace that caused damage to property, or injury; as back-for-duty fitness test, random drug testing, or following an employee's rehabilitation program. An employer may require drug testing for cause on a particular employee.

Sources:

https://ballotpedia.org/Oklahoma_Reclassification_of_Some_Drug_and_Property_Crimes_as_Misdemeanors,_State_Question_780_(2016)

https://www.mpp.org/states/oklahoma/

http://www.nolo.com/legal-encyclopedia/drug-testing-oklahoma.html

Applicability: If SB710 is approved, registered qualifying patients, visiting qualifying patients who use medical marijuana, registered primary caregivers of qualifying patients, persons involved in medical marijuana dispensing centers and manufacture of cannabis and authorized physicians will benefit.
Quantity Allowed: Registered qualifying patients, visiting qualifying patients and registered/certified primary caregivers of qualifying patients are allowed possession, manufacture, sale, administration, transport, dispensing and distribution of up to 8 ounces of cannabis and 12 cannabis plants, for medical use. If this quantity is not enough, a qualifying patient and his certified caregiver may possess an amount consistent with the patient’s needs.
How Obtained: The cultivation of cannabis for medical use is allowed for registered qualifying patients and their registered primary caregivers. The purchase of medical cannabis from registered dispensary is allowed. Other means of procurement are not specified.
Liability Protection: Registered qualifying patients, visiting qualifying patients, designated caregivers, employees or agents of medical dispensing centers, medical cannabis cultivator, medical cannabis delivery service, and medical cannabis product manufacturers are exempted from arrest, civil/criminal penalty and prosecution. Any property used in conjunction with the use of medical cannabis is exempted from confiscation.
Statutory Requirements for Authorized Use: Application forms must be filled up by a requesting applicant. When approved, an identification card shall be issued to a qualifying patient to use medical marijuana. Identification card shall be issued to designated caregivers.
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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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