Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 640 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to medical marijuana license;
7 amending 63 O.S. 2021, Section 425, as amended by
8 Section 10, Chapter 182, O.S.L. 2024 (63 O.S. Supp.
8 2024, Section 425), which relates to location near
9 schools; modifying certain distance; updating
9 statutory language; updating statutory reference; and
10 providing an effective date.
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11
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as
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14 amended by Section 10, Chapter 182, O.S.L. 2024 (63 O.S. Supp. 2024,
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15 Section 425), is amended to read as follows:
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16 Section 425. A. No school or landlord may refuse to enroll or
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17 lease to and may not otherwise penalize a person solely for his or
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18 her status as a licensed medical marijuana patient, unless failing
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19 to do so would cause the school or landlord the potential to lose a
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20 monetary or licensing-related benefit under federal law or
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21 regulations.
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22 B. 1. Unless a failure to do so would cause an employer the
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23 potential to lose a monetary or licensing-related benefit under
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24 federal law or regulations, an employer may not discriminate against
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1 a person in hiring, termination terminating or imposing any term or
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2 condition of employment or otherwise penalize a person based upon
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3 the status of the person as a licensed medical marijuana patient.
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4 2. Employers may take action against a licensed medical
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5 marijuana patient if the licensed medical marijuana patient uses or
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6 possesses marijuana while in his or her place of employment or
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7 during the hours of employment. Employers may not take action
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8 against the licensed medical marijuana patient solely based upon the
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9 status of an employee as a licensed medical marijuana patient or the
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10 results of a drug test showing positive for marijuana or its
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11 components.
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12 C. For the purposes of medical care, including organ
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13 transplants, the authorized use of marijuana by a licensed medical
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14 marijuana patient shall be considered the equivalent of the use of
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15 any other medication under the direction of a physician and does not
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16 constitute the use of an illicit substance or otherwise disqualify a
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17 registered qualifying patient from medical care.
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18 D. No licensed medical marijuana patient may be denied custody
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19 of or visitation or parenting time with a minor child, and there is
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20 no presumption of neglect or child endangerment for conduct allowed
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21 under this law, unless the behavior of the person creates an
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22 unreasonable danger to the safety of the minor child.
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23 E. No licensed medical marijuana patient may unduly be withheld
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24 from holding a state-issued license by virtue of their being a
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1 licensed medical marijuana patient including, but not limited to, a
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2 concealed carry permit.
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3 F. 1. No city or local municipality may unduly change or
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4 restrict zoning laws to prevent the opening of a medical marijuana
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5 dispensary.
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6 2. For purposes of this subsection, an undue change or
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7 restriction of municipal zoning laws means an act which entirely
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8 prevents medical marijuana dispensaries from operating within
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9 municipal boundaries as a matter of law. Municipalities may follow
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10 their standard planning and zoning procedures to determine if
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11 certain zones or districts would be appropriate for locating
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12 marijuana-licensed premises, medical marijuana businesses or any
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13 other premises where marijuana or its by-products are cultivated,
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14 grown, processed, stored or manufactured.
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15 3. For purposes of this section, a medical marijuana dispensary
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16 does not include those other entities licensed by the Oklahoma
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17 Medical Marijuana Authority as marijuana-licensed premises, medical
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18 marijuana businesses or other facilities or locations where
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19 marijuana or any product containing marijuana or its by-products
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20 byproducts are cultivated, grown, processed, stored or manufactured.
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21 G. 1. Except as otherwise provided in this subsection, the
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22 location of any medical marijuana dispensary is specifically
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23 prohibited within one thousand (1,000) three thousand (3,000) feet
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24 of any school entrance. On and after the effective date of this act
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Req. No. 1447 Page 3
1 May 28, 2021, for purposes of calculating the 1,000-foot three-
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2 thousand-foot setback distance, the measurement shall be determined
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3 by calculating the distance in a straight line from the school door
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4 nearest the front door of the retail marijuana dispensary to the
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5 front door of the retail marijuana dispensary.
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6 2. On and after June 26, 2018, if any school is established
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7 within one thousand (1,000) three thousand (3,000) feet of any
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8 retail marijuana dispensary after a license has been issued by the
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9 Authority for that location, the setback distance between properties
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10 shall not apply as long as the licensed property is used for its
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11 original licensed purpose. The licensed location shall be
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12 grandfathered in as to the setback distance as long as the property
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13 is used in accordance with the original licensed purpose.
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14 3. On and after June 26, 2018, the Authority, due to an error
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15 in measurement of the setback distance or failure to measure the
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16 setback distance by the Authority prior to issuance of an original
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17 license at a location, shall not:
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18 a. deny any issuance or renewal of a license at that
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19 location,
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20 b. deny any transfer of license pursuant to a change in
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21 ownership at that location, or
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22 c. revoke any license due to an error in measurement or
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23 failure to measure the setback distance, except as
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24 otherwise provided by law.
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1 The retail marijuana dispensary shall be grandfathered in as to
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2 the setback distance, subject only to the municipal compliance
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3 provisions of Section 426.1 of this title.
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4 4. For purposes of this subsection and subsection H of this
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5 section:
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6 a. "school" means the same as defined in Section 427.2 of
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7 this title, and
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8 b. "error in measurement" means a mistake made by the
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9 Authority or a municipality in the setback measurement
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10 process where either the distance between a retail
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11 marijuana dispensary and a school is miscalculated due
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12 to mathematical error or the method used to measure
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13 the setback distance is inconsistent with this
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14 section. The setback measurement process is allowed
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15 an error in measurement up to and including five
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16 hundred (500) feet when remeasured after an original
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17 license has been issued.
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18 H. The location of any medical marijuana commercial grower
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19 shall not be within one thousand (1,000) three thousand (3,000) feet
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20 of any school as measured from the nearest property line of such
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21 school to the nearest property line of the licensed premises of such
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22 medical marijuana commercial grower. Additionally, the location of
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23 the medical marijuana commercial grower shall not adjoin to any
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24 school or be located at the same physical address as the school. If
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Req. No. 1447 Page 5
1 a medical marijuana commercial grower met the requirements of this
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2 subsection at the time of its initial licensure, the medical
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3 marijuana commercial grower licensee shall be permitted to continue
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4 operating at the licensed premises in the same manner and not be
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5 subject to nonrenewal or revocation due to subsequent events or
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6 changes in regulations occurring after licensure that would render
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7 the medical marijuana commercial grower in violation of this
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8 subsection. If any school is established within one thousand
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9 (1,000) three thousand (3,000) feet of any medical marijuana
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10 commercial grower after such medical marijuana commercial grower has
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11 been licensed, or if any school is established adjoining to or at
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12 the same physical address as any medical marijuana commercial grower
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13 after such medical marijuana commercial grower has been licensed,
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14 the provisions of this subsection shall not be a deterrent to the
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15 renewal of such license or warrant revocation of the license. For
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16 purposes of this subsection, a property owned, used, or operated by
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17 a school that is not used for classroom instruction on core
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18 curriculum, such as an administrative building, athletic facility,
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19 ballpark, field, or stadium, shall not constitute a school unless
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20 such property is located on the same campus as a building used for
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21 classroom instruction on core curriculum.
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22 SECTION 2. This act shall become effective November 1, 2025.
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24 60-1-1447 CAD 1/19/2025 5:40:33 AM
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Req. No. 1447 Page 6Every fact on this page links to its source, starting with the official bill record.