Jenkins, who owns dispensaries in Coweta and Tulsa, said the bill text imposes too many regulations too strictly and therefore does not uphold the spirit of SQ 788 as passed by voters.

McCortney defended the provision regarding job testing Monday afternoon, saying it was the best balance to ensure safety in the workplace while protecting patients’ right to access their medicine. “Safety-sensitive” positions, according to the bill, include jobs in such areas as firefighting, handling hazardous materials and operating motor vehicles and heavy machinery.

Sen. Paul Scott, R-Duncan, asked McCortney during the questioning period, “How will they know if the bus driver is compromised during his work hours?” which drew applause from some in the gallery. Scott owns a company that provides mobile X-ray, EKG and ultrasound services statewide to facilities such as nursing facilities and jails.

“That’s, I think, the problem is there is no way to know whether or not someone is impaired,” McCortney said. “And that’s why we went the route of safety-sensitive positions is unlike alcohol, which you can do a breathalyzer, ‘We know right now, hey, that guy’s drunk.’ You don’t have that for marijuana. You don’t have that for drugs.”