Workplace Protections for Cardholders in Oklahoma

As more Oklahoma residents turn to medical marijuana for relief from chronic conditions such as anxiety, insomnia, and chronic pain, many patients are left asking an important question: “What are my rights as a medical marijuana cardholder in the workplace?” With the rise in popularity of medical cannabis and over 2,000 dispensaries throughout Oklahoma, it’s critical for both employees and employers to understand the legal protections in place for those who use medical marijuana.

This article will explore the workplace protections afforded to medical marijuana cardholders in Oklahoma, explain how the state’s laws protect you as an employee, and offer practical advice on navigating conversations with employers about your medical cannabis use. Whether you are new to medical marijuana or simply want to understand your rights in the workplace, this guide will help you feel more confident in managing your health while maintaining your job.

Remember, this article is for Oklahoma Cannabis Card, which provides an Oklahoma Medical Marijuana Card for $129 and renews it every two years for just $99.

What Does Oklahoma Law Say About Medical Marijuana and Employment?

Oklahoma is one of the more progressive states when it comes to medical marijuana laws. Passed in 2018, State Question 788 legalized medical marijuana in Oklahoma and provided protections for patients who receive a valid medical marijuana card. However, the relationship between medical marijuana use and workplace protections can be complex, and it’s important to understand both your rights and limitations as a cardholder in the workforce.

Under Oklahoma law, employers are prohibited from taking discriminatory actions against employees or job applicants solely because they hold a valid medical marijuana card. This includes:

• Refusing to hire a medical marijuana cardholder.
• Firing an employee because they use medical marijuana outside of work hours.
• Disciplining or penalizing employees who use medical marijuana legally under state law.

These protections are designed to ensure that employees who use medical marijuana for qualifying medical conditions, such as anxiety or chronic pain, are not unfairly treated in the workplace. However, there are important exceptions and limitations to these protections, which we will explore below.

Exceptions to Workplace Protections

While Oklahoma provides protections for medical marijuana cardholders, there are certain exceptions where employers may still take action against employees who use medical cannabis. Some of these exceptions include:

1. Safety-Sensitive Positions

If you work in a “safety-sensitive” position, your employer may have more leeway in enforcing restrictions on medical marijuana use. Safety-sensitive jobs are those where impairment, even outside of work hours, could pose a significant risk to public safety or the safety of other employees. Examples of safety-sensitive positions include:

• Operating heavy machinery or vehicles.
• Jobs that require carrying firearms, such as law enforcement or security.
• Positions that involve public safety, like firefighters or emergency medical personnel.

In these cases, employers may require drug testing or have policies that prohibit medical marijuana use, even if you are a cardholder. This is because impairment, even when not on the job, could affect your ability to perform your duties safely.

2. Federal Contract or Compliance Requirements

Employers who are subject to federal regulations may also be exempt from Oklahoma’s medical marijuana workplace protections. Since cannabis remains illegal under federal law, employers who have federal contracts or are required to comply with federal drug-free workplace regulations may still enforce strict drug policies, including prohibiting medical marijuana use. This is particularly common in industries such as healthcare, transportation, and defense.

If your employer receives federal funding or is subject to federal regulations, it’s important to understand that they may not be obligated to honor your medical marijuana card or allow you to use cannabis, even outside of work hours.

How to Discuss Medical Marijuana Use with Your Employer

Many employees are understandably nervous about discussing their medical marijuana use with their employer, especially if they are unsure of the company’s policies or how their supervisor may react. However, being open about your medical marijuana use can help prevent misunderstandings and ensure that you are protected under Oklahoma law.

1. Know Your Rights

Before approaching your employer, it’s important to understand your rights as a medical marijuana cardholder. You are protected from discrimination based on your cardholder status, but there are exceptions, as noted above. Review your company’s policies on medical marijuana use, and be prepared to explain how your use is compliant with state law and does not impact your job performance.

2. Provide Documentation

If you feel comfortable doing so, you can provide your employer with documentation of your medical marijuana card and a doctor’s recommendation. This can help support your case and demonstrate that you are using cannabis for a legitimate medical reason. However, you are not required to disclose specific details about your medical condition under the Americans with Disabilities Act (ADA).

3. Propose Reasonable Accommodations

If your medical marijuana use affects your ability to perform certain tasks, consider proposing reasonable accommodations that can help you continue to do your job effectively. For example, if you experience chronic pain and need to use cannabis for pain management, you could suggest modifying your work schedule to accommodate your treatment. Under the ADA, employers are required to provide reasonable accommodations for employees with disabilities, as long as it does not cause undue hardship on the business.

4. Be Mindful of Timing

While Oklahoma law protects medical marijuana cardholders, it’s important to remember that workplace protections only apply to cannabis use outside of work hours. Using cannabis while on the job or coming to work impaired is still grounds for disciplinary action, regardless of your cardholder status. Make sure that your cannabis use does not interfere with your ability to perform your job safely and effectively.

What to Do If You Face Discrimination as a Medical Marijuana Cardholder

If you believe that you have been discriminated against by your employer because of your medical marijuana use, you have several options for recourse. First, it’s important to document any incidents of discrimination, including written communication, performance reviews, and any disciplinary actions taken against you. This documentation can be helpful if you need to file a complaint or take legal action.

1. File a Complaint with the Oklahoma Department of Labor

If you believe your employer has violated Oklahoma’s medical marijuana workplace protections, you can file a complaint with the Oklahoma Department of Labor. The Department of Labor can investigate your claim and take appropriate action to ensure that your rights are upheld.

2. Seek Legal Assistance

In some cases, you may need to seek legal assistance to resolve workplace discrimination issues. An attorney who specializes in employment law or medical marijuana cases can help you navigate the legal process and ensure that your rights as a medical marijuana cardholder are protected. Additionally, legal counsel can help you negotiate reasonable accommodations or settlements with your employer if necessary.

Conclusion: Navigating Workplace Protections as a Medical Marijuana Cardholder

Workplace protections for medical marijuana cardholders in Oklahoma are designed to ensure that you are not discriminated against because of your medical treatment. However, it’s important to be aware of the exceptions and limitations to these protections, especially if you work in a safety-sensitive position or for an employer subject to federal regulations.

By understanding your rights, communicating openly with your employer, and being mindful of company policies, you can use medical marijuana to manage your health while maintaining your job. If you ever face discrimination, don’t hesitate to take action to protect your rights.

If you’re still navigating the medical marijuana card process, you can visit Oklahoma Cannabis Card, which offers a straightforward and affordable way to obtain your medical marijuana card for just $129, with easy renewals every two years for $99.