To what extent can your municipality enact zoning regulations related to the new marijuana industry? As it turns out, there are more questions than answers. That said, case law related to alcohol may provide a road map for municipal zoning regulation of the marijuana industry.
SQ 788 (Medical Marijuana) creates broad job protections which largely prohibit Oklahoma municipalities from making hiring or other employment decisions on the basis of a person exercising certain rights granted by these new statutes. How does SQ 788 impact your ability to hire or not hire an applicant who uses marijuana?
SQ 788 protects employees with a Medical Marijuana card from being fired for a failed drug test. It does not, however, protect employees who are high on duty. How does SQ 788 impact drug testing in the workplace?
Can you still discipline employees for being high at work? SQ 788 established certain job protections, but those protections do not allow for on duty intoxication or misconduct. This bulletin will explain what you can and cannot discipline employees for related to their use of Medical Marijuana.
Medical Marijuana license holders may be questioned about marijuana use by current or prospective municipal employers. Whether they can be compelled to answer, however, depends on whether they are currently employed or just applying for a job with the municipality.