A new law goes into effect a week from tomorrow in Oklahoma to protect employees from discrimination at their jobs if they possess medical marijuana cards and test positive for THC. That law, the “medical marijuana patient protection act,” makes it illegal for an employer to refuse to hire or take adverse action against an employee or applicant for possessing a card or for testing positive for marijuana.
Employers can still be punished for using marijuana at work.
Meanwhile, people who are on probation for criminal convictions or deferred sentences are admonished to not use alcohol or illegal drugs. Since marijuana that’s being used by a card holder technically isn’t illegal in Oklahoma, the question is whether the district attorney will prosecute people on probation who have cards and test positive for THC.
“We don’t revoke or penalize testing positive for marijuana if they have a marijuana card,” Muskogee County District Attorney Orvil Loge said this morning. “Technically, it’s still a violation of federal law, but I try to be reasonable.”
People who are on probation and do not have a medical marijuana card but test positive for THC will still face criminal penalties, including revocation of suspended or deferred sentences.