The new law, which is formally called the Oklahoma Medical Marijuana and Patient Protection Act, changes that. Under the new law, employers will still be prohibited from refusing to hire or taking an adverse employment action against individual solely because that employee possesses a valid Oklahoma medical marijuana license. And, employers will still be prohibited from refusing to hire or taking an adverse action against an employee or applicant solely because a license holder tested positive for marijuana, unless that individual is applying for or working in a position with “safety sensitive” job duties. The term “safety sensitive” is defined to include “any job that includes tasks or duties that the employer reasonably believes could affect the safety and health of the employee performing the task or others.” The statute provides a non-exclusive list of examples of “safety sensitive” duties, including work with hazardous materials, operation of vehicles or machinery, maintenance of equipment, work with utilities, preparing or handling food or medicine, carrying a firearm, patient care, child care, and others.

The new “safety sensitive” exception for medical marijuana is a victory for employers who are dedicated to a safety-first culture in their workplaces. But note that the exception is not automatic. An employer’s decision to classify a position as “safety sensitive” must be “reasonable.” Before an employer tries to justify an employment action against an individual with a valid license who has tested positive for marijuana, it should give serious consideration to how it will justify its classification of the position.