Fired for Medical Marijuana in Oklahoma?

You got your OMMA medical marijuana patient license the right way — through a licensed Oklahoma physician, for a legitimate medical condition. You use it responsibly, off the clock, never at work. Then one Monday morning, your employer hands you a drug test, the results come back positive for THC, and you're terminated. Everything you did was legal under Oklahoma law, so how can they fire you for it?

The answer is more nuanced than most employees realize, and it is more nuanced than many employers understand either. Oklahoma's medical marijuana framework, primarily governed by 63 O.S. § 420 and the 2019 Unity Bill (the Oklahoma Medical Marijuana and Patient Protection Act), created workplace protections that are genuinely strong by national standards. But those protections have specific exceptions, and employers have learned to use those exceptions aggressively. Understanding where the line falls between lawful employer action and illegal discrimination is critical for any Oklahoma worker who holds — or is considering — a medical marijuana license.

The Baseline Protection: What the Law Actually Says

Oklahoma's medical marijuana statute is more protective than many employees expect. Under the Unity Bill, an employer generally cannot take adverse employment action against an employee or applicant solely based on their status as a medical marijuana license holder. This means that simply having a card — the status itself — is protected. An employer who fires you and says "we don't employ people with marijuana cards" is, in most circumstances, violating Oklahoma law.

The protection extends to drug testing. If you test positive for marijuana or its metabolites but hold a valid OMMA patient license at the time of the test, that positive result alone cannot be the sole basis for adverse action. This is a critical distinction from most other states, where employers face no restrictions on how they respond to a positive THC test. Oklahoma carved out a genuine protection for licensed patients, and it matters.

But the statute didn't create unconditional protection. It created conditional protection with clearly defined exceptions — and those exceptions consume a significant amount of the territory that employees think they occupy.

The Exceptions That Employers Use

Safety-Sensitive Positions

The single most impactful exception is the safety-sensitive carveout. Oklahoma law permits employers to refuse to hire, discipline, or terminate a medical marijuana cardholder who tests positive for THC if the position is designated as "safety-sensitive." Under the statute, a safety-sensitive position is any job where the employer reasonably believes that performing the duties could affect the safety and health of the employee or others.

The statute provides illustrative examples: handling hazardous materials, operating motor vehicles or heavy machinery, performing firefighting duties, maintaining critical service infrastructure, or carrying a firearm. But the statutory language is broad — "could affect the safety and health of the employee or others" — and employers have used that breadth to designate a wide range of positions as safety-sensitive. Warehouse workers, delivery drivers, machine operators, nurses, construction workers, even some office roles with occasional physical requirements have been designated by employers as safety-sensitive.

If your position has been designated safety-sensitive and you test positive for marijuana, your employer can likely take adverse action regardless of your cardholder status. The designation doesn't need to be in your original job description, either — though if it was added retroactively right before your termination, that timing could itself suggest pretext.

Federal Contracts and Funding

Employers who hold federal contracts, licenses, or funding are exempt from the state cardholder protections. Because marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act (21 U.S.C. § 812), employers subject to federally mandated drug testing — including Department of Transportation-regulated positions, defense contractors, and healthcare facilities receiving Medicare or Medicaid funds — can lawfully enforce zero-tolerance marijuana policies regardless of Oklahoma's state-level protections.

This is particularly relevant for truck drivers and other CDL holders. The Federal Motor Carrier Safety Administration requires DOT drug testing under 49 C.F.R. Part 382, and a positive THC result is disqualifying regardless of any state medical marijuana license. If you hold a CDL and a medical marijuana card, the federal requirement overrides Oklahoma's protections entirely.

Workplace Impairment and Possession

Employers retain full authority to prohibit possession, consumption, or impairment on company property and during work hours. This exception is straightforward — you cannot bring marijuana to work, use it during breaks on the employer's premises, or show up impaired. The difficulty is proving impairment versus proving prior use. THC metabolites remain in the body long after any impairing effects have worn off, and a standard urine drug test cannot distinguish between someone who is currently impaired and someone who used marijuana three weeks ago on their own couch. This scientific limitation creates genuine conflict, and it is one of the most litigated aspects of Oklahoma's medical marijuana employment law.

Some employers attempt to bridge the gap with observational impairment assessments — documenting specific behaviors like bloodshot eyes, slurred speech, unsteadiness, or smell. Courts will evaluate whether the employer had a good-faith basis for concluding impairment versus simply relying on the positive test result as a proxy. The distinction matters enormously because using a positive test alone (without a safety-sensitive designation) to terminate a cardholder is precisely what the statute prohibits.

When Termination Is Illegal

If none of the exceptions apply — you are not in a safety-sensitive role, your employer does not hold federal contracts or funding, and you were not impaired or in possession on the job — then firing you solely because of your medical marijuana card or a positive THC test is likely unlawful discrimination under Oklahoma law. As with many wrongful termination myths, employers sometimes assume that at-will status gives them unlimited discretion — it does not. This includes situations where the employer knows about your cardholder status and uses a pretextual reason for the termination, where the employer retroactively designates your position as safety-sensitive after learning about your card, or where the employer has a blanket no-marijuana policy that makes no exception for licensed patients in non-safety-sensitive roles.

Employees in these situations may bring claims under the Oklahoma Anti-Discrimination Act and potentially as a public policy tort — arguing that the termination violates the clear public policy established by State Question 788 and the Unity Bill. Oklahoma courts are still developing this body of law, and few appellate decisions have squarely addressed the boundaries. But the statutory language is clear enough to support claims where an employer acts outside the permitted exceptions.

The analysis also intersects with disability discrimination law. Many medical marijuana patients hold their licenses because of qualifying conditions that may independently constitute disabilities under the Americans with Disabilities Act (42 U.S.C. § 12112) or Oklahoma's disability discrimination statutes. An employer who fires someone for using physician-recommended treatment for a qualifying disability condition may face both marijuana discrimination and disability discrimination claims. These theories can reinforce each other and expand the scope of available remedies.

What to Do If You've Been Fired

If you believe you were terminated because of your medical marijuana cardholder status, the steps you take immediately after termination make a significant difference. Document everything you can about the circumstances: your position title and whether it was ever designated as safety-sensitive, when and how your employer learned about your cardholder status, the stated reason for termination versus what you believe the real reason was, any conversations or written communications referencing your marijuana use or card, and the names of witnesses who may have observed relevant statements or events.

Preserve your OMMA license records. The protection only applies if you held a valid license at the time of the positive test or adverse action. If your license had lapsed — even briefly — the employer's case becomes much stronger.

Review your employee handbook and any written drug testing policy. Oklahoma's Standards for Workplace Drug and Alcohol Testing Act (SWDATA) requires employers to maintain written drug testing policies and provide at least ten days' notice of policy changes to employees. If your employer failed to follow its own written policy, that procedural defect may independently support your claim.

File for unemployment benefits through the Oklahoma Employment Security Commission. Being fired for a positive marijuana test while holding a valid OMMA card is not necessarily "misconduct" under Oklahoma unemployment law — but be prepared for the employer to contest your claim by asserting one of the statutory exceptions.

Finally, consult an employment attorney as soon as possible. The legal landscape around medical marijuana employment rights is evolving rapidly, and an experienced attorney can evaluate whether your specific situation falls within the protected zone or the exceptions. At Addison Law, we regularly evaluate medical marijuana employment claims and can advise on the best path forward. Contact us for a free consultation.

The 2026 OMMA Changes

Effective January 1, 2026, Oklahoma implemented new requirements for medical marijuana recommendations. Physicians must now complete approved medical marijuana education coursework and register with OMMA before they can lawfully recommend marijuana to patients. Recommendations from unregistered physicians are no longer accepted.

For employees, this means confirming that your OMMA license was issued based on a recommendation from a properly registered physician. If your license was obtained through a physician who had not completed the registration requirements, the validity of your card — and therefore your workplace protection — could be challenged. If you have concerns about the status of your license, verify it through the OMMA patient verification system at omma.ok.gov.

Additionally, HB 1714 — introduced in the current legislative session — aims to strengthen employment protections for medical marijuana patients. If passed, it would narrow employers' ability to designate positions as safety-sensitive and provide clearer remedies for employees who are unlawfully terminated. Employees should monitor this legislation, as it could substantially expand the protections available under current law.

Frequently Asked Questions

Can my employer fire me for having a medical marijuana card in Oklahoma?

Generally, no. Oklahoma law prohibits employers from taking adverse action against employees solely because they hold a valid OMMA medical marijuana patient license. However, exceptions exist for safety-sensitive positions, employers subject to federal drug testing requirements, and situations involving workplace impairment or possession. If none of these exceptions apply and you were fired solely for your cardholder status, you may have a wrongful termination claim.

What is a safety-sensitive position under Oklahoma marijuana law?

A safety-sensitive position is any role where the employer reasonably believes the job duties could affect the safety and health of the employee or others. Examples include operating vehicles or heavy machinery, handling hazardous materials, performing firefighting duties, and maintaining critical infrastructure. Employers have the right to designate positions as safety-sensitive, but a retroactive or pretextual designation made after learning about your card could be challenged.

Can I be drug tested for marijuana in Oklahoma?

Yes. Oklahoma employers can require drug testing under the Standards for Workplace Drug and Alcohol Testing Act. However, a positive THC result for a medical marijuana cardholder in a non-safety-sensitive role cannot, by itself, be the sole basis for termination. The employer must have an additional lawful basis — such as impairment at work or a safety-sensitive designation — to take adverse action based on the test result.

Does the ADA protect medical marijuana users?

Federal courts have generally held that the ADA does not protect marijuana use because it remains a Schedule I substance under federal law. However, the underlying medical condition that qualifies you for a marijuana license — such as chronic pain, PTSD, or epilepsy — may independently qualify as a disability under the ADA. If your employer terminated you because of that underlying condition, a disability discrimination claim may be available regardless of the marijuana issue.

What damages can I recover if I was illegally fired for medical marijuana?

Potential remedies include back pay for wages lost between termination and resolution, front pay if reinstatement is not feasible, compensatory damages for emotional distress and related harms, and potentially attorney's fees. If the employer's conduct was particularly egregious, punitive damages may also be available. The specific recovery depends on the facts of your case and the legal theories pursued.

Can I be fired for smelling like marijuana at work?

If you possess a valid OMMA card and are not actually impaired, merely smelling like marijuana is not automatically grounds for termination. However, your employer may use it as a basis for suspicion of impairment and request a drug test or document observable signs. Whether the smell constitutes sufficient evidence of workplace impairment — versus evidence of off-duty lawful use — depends on the totality of the circumstances and the employer's documentation.

My employer added "safety-sensitive" to my job description after I got my card. Is that legal?

Potentially — employers can update job designations — but the timing matters significantly. If the safety-sensitive designation was added shortly after your employer learned about your medical marijuana card, and if the designation does not reflect actual changes in your job duties, the timing could suggest the designation was pretextual. An attorney can evaluate whether the employer's redesignation appears to be a legitimate business decision or a cover for marijuana-related discrimination.

This article is for general information only and is not legal advice.