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A Hawaii House of Representatives legislative committee last week approved a bill to protect medical cannabis patients from discrimination on the job. After a hearing on the measure on January 28, the House Committee on Labor voted unanimously to advance the bill, online cannabis news source Marijuana Moment reported last week.
The measure, HB 325, “prohibits an employer from discriminating against a person in hiring, termination, or any term or condition of employment based on the person’s status as a medical cannabis registry card holder.” The bill also prohibits discrimination of registered medical cannabis patients based on the results of a drug test for cannabis or cannabis metabolites. The legislation does not protect workers who are impaired by cannabis while on the job, however.
“The ongoing conflict between state and federal medical cannabis laws causes confusion for employers, who are unsure whether state medical cannabis laws supersede their power to enforce drug-free workplace policies against employees,” the introductory text of the legislation maintains. “The courts have consistently ruled in favor of employers when qualifying patients challenge drug-free workplace policies, yet have not entirely foreclosed on the possibility that state medical cannabis laws might operate to protect qualifying patients against employment discrimination.”
“Without explicit statutory guidance,” it continues, “the courts may not properly balance the needs of qualifying patients for employment protections and an employer’s need to provide a safe workplace.”
The measure would apply to both public and private employers, with several exceptions. It would not apply to law enforcement officers, corrections workers, emergency medical workers, state and county firefighters, or workers whose jobs require them to carry a firearm. The measure would also not apply to those who operate vehicles or heavy equipment, lifeguards or swim instructors, and emergency management workers, among other occupations.
The measure permits employers to discriminate against medical cannabis patients if “a failure to do so would cause the employer to lose a monetary or licensing-related benefit under a contract or federal law.” The legislation also protects employers from liability in the event of an employee’s injury or death if “impairment by medical cannabis was the sole contributing factor.”
Employment Protections for Medical Cannabis Patients
Of the 38 states that have legalized medical cannabis, 22 have also adopted employment protections for patients. Hawaii legalized medical cannabis in 2000, becoming the first state to do so by an act of the legislature rather than a ballot initiative.
The proposal is supported by the Hawaii Department of Health, which submitted written testimony about the legislation to lawmakers. In its statement, the agency wrote that medical cannabis patients “should not be treated differently from those using other legal medications.”
“In Hawaii, a healthcare provider must determine that medical cannabis is an appropriate treatment for a patient’s condition for them to qualify as a medical cannabis patient,” the department wrote. “Once a medical provider has determined medical cannabis is necessary for treatment, the patient should not face discrimination by employers or the threat of termination due to the treatment of their medical condition. The protections afforded in HB325 are carefully designed to balance the rights of employers, ensure the safety of others, and safeguard the well-being of employee-patients.”
The legislation is also supported by cannabis policy reform advocacy groups including the National Organization for the Reform of Marijuana Laws (NORML).
“Those who consume other medications while off the job do not suffer sanctions from their employers unless their work performance is adversely impacted,” the group wrote in a brief about the bill. “Employers should treat those who consume medical cannabis while away from the workplace in a similar manner.”
HB 325 now heads to the House Consumer Protection and Commerce Committee for consideration.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
