| Beginning November 1, 2026, Oklahoma’s medical cannabis law, which applies to employers of all sizes, will be updated. Key highlights are below. Zero-Tolerance Policy Required for Safety-Sensitive Positions The biggest change is that the law will require employers to impose “zero-tolerance” drug and alcohol policies on applicants for, and employees in, safety-sensitive positions. Zero-tolerance policy isn’t defined in the law, but often these policies mandate adverse action without exception against individuals who possess, use, test positive for, or are impaired by substances in the workplace. Safety-Sensitive Position Definition Updated The new definition of a safety-sensitive position focuses on whether the role involves certain high-risk duties identified in the law, such as handling hazardous materials, operating vehicles or machinery, or providing patient or child care. The list isn’t exhaustive, meaning other similar duties could also qualify. (Currently the law allows any position to qualify as safety-sensitive if the employer has a reasonable belief that its duties could affect employees’ health or safety.) Additional Adverse Action for Positive Cannabis Test Allowed Employers with a lawful written drug testing policy will now be able to take adverse action against an applicant or employee based solely on a positive cannabis test result. (Currently, unless federal law or federal funding requirements provide otherwise, employers can take adverse action only if the individual doesn’t have a medical cannabis license; consumes, possesses, or is under the influence of cannabis on the job; or is in a safety-sensitive position.) Action Items • Review and update your drug and alcohol policies to ensure zero-tolerance standards are applied to safety-sensitive positions and, if desired, to address any adverse action imposed for positive cannabis test results. • Identify which roles qualify as safety-sensitive under the updated, duty-based definition. • Train HR and managers on the revised safety-sensitive definition and when adverse action is permitted. HB 3127 was signed by the governor on April 17, 2026. |
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