Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0239.01 Yelana Love x2295
HOUSE BILL 22-1152
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING LIMITATIONS ON THE ABILITY OF AN EMPLOYER TO TAKE101
AN ADVERSE ACTION AGAINST AN EMPLOYEE BASED ON THE102
EMPLOYEE'S USE OF MARIJUANA.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits an employer from taking adverse action against
an employee, including an applicant for employment, who engages in the
use of:
! Medical marijuana on the premises of the employer during
working hours; or
HOUSE SPONSORSHIP
Hooton and Titone,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! Retail or medical marijuana off the premises of the
employer during nonworking hours.
An employer is permitted to impose restrictions on employee use
of medical or retail marijuana under specified circumstances.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 8-2-131 as2
follows:3
8-2-131. Employer prohibited from taking adverse actions4
against an employee or applicant based on marijuana use -5
exceptions. (1) E
XCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION,6
AN EMPLOYER SHALL NOT TAKE ADVERSE ACTION AGAINST AN EMPLOYEE7
BECAUSE THE EMPLOYEE ENGAGES IN THE USE OF :8
(a) M
EDICAL MARIJUANA ON THE PREMISES OF THE EMPLOYER9
DURING WORKING HOURS ; OR10
(b) M
EDICAL OR RETAIL MARIJUANA OFF THE PREMISES OF THE11
EMPLOYER DURING NONWORKING HOURS .12
(2) A
N EMPLOYER MAY IMPOSE A RESTRICTION ON THE USE OF13
MEDICAL OR RETAIL MARIJUANA IF THE RESTRICTION :14
(a) R
ELATES TO A BONA FIDE OCCUPATIONAL REQUIREMENT OR IS15
REASONABLY AND RATIONALLY RELATED TO THE EMPLOYMENT ACTIVITIES16
AND RESPONSIBILITIES OF A PARTICULAR EMPLOYEE OR A PARTICULAR17
GROUP OF EMPLOYEES , RATHER THAN TO THE OCCUPATIONAL18
REQUIREMENTS OR EMPLOYMENT ACTIVITIES OF ALL EMPLOYEES OF THE19
EMPLOYER; OR20
(b) I
S NECESSARY TO AVOID A CONFLICT OF INTEREST WITH ANY21
RESPONSIBILITIES TO THE EMPLOYER OR THE APPEARANCE OF SUCH A22
CONFLICT OF INTEREST.23
HB22-1152-2- (3) AS USED IN THIS SECTION:1
(a) "A
DVERSE ACTION" MEANS:2
(I) T
O REFUSE TO HIRE, TO DISCHARGE, TO REFUSE TO PROMOTE,3
TO DEMOTE, TO HARASS DURING THE COURSE OF EMPLOYMENT , OR TO4
DISCRIMINATE IN MATTERS OF COMPENSATION , TERMS, CONDITIONS, OR5
PRIVILEGES OF EMPLOYMENT AGAINST AN EMPLOYEE ; OR6
(II) A
NY OTHER EMPLOYMENT DECISION OR TREATMENT THAT7
ADVERSELY AFFECTS AN EMPLOYEE .8
(b) "E
MPLOYEE" MEANS A PERSON WHO MAY BE PERMITTED ,9
REQUIRED, OR DIRECTED BY ANY EMPLOYER, IN CONSIDERATION OF DIRECT10
OR INDIRECT GAIN OR PROFIT, TO ENGAGE IN ANY EMPLOYMENT AND11
INCLUDES AN APPLICANT FOR EMPLOYMENT .12
(c) (I) "E
MPLOYER" MEANS A PERSON TRANSACTING BUSINESS IN13
C
OLORADO THAT, AT ANY TIME, EMPLOYS ANOTHER PERSON TO PERFORM14
SERVICES OF ANY NATURE AND THAT HAS CONTROL OF THE PAYMENT OF15
WAGES FOR SUCH SERVICES OR IS THE OFFICER, AGENT, OR EMPLOYEE OF16
THE PERSON HAVING CONTROL OF THE PAYMENT OF WAGES .17
(II) "E
MPLOYER" INCLUDES THE STATE OR A LOCAL GOVERNMENT .18
(d) "M
EDICAL MARIJUANA" HAS THE SAME MEANING AS SET FORTH19
IN SECTION 44-10-103 (34).20
(e) "R
ETAIL MARIJUANA" HAS THE SAME MEANING AS SET FORTH21
IN SECTION 44-10-103 (57).22
SECTION 2. Act subject to petition - effective date -23
applicability. (1) This act takes effect at 12:01 a.m. on the day following24
the expiration of the ninety-day period after final adjournment of the25
general assembly; except that, if a referendum petition is filed pursuant26
to section 1 (3) of article V of the state constitution against this act or an27
HB22-1152
-3- item, section, or part of this act within such period, then the act, item,1
section, or part will not take effect unless approved by the people at the2
general election to be held in November 2022 and, in such case, will take3
effect on the date of the official declaration of the vote thereon by the4
governor.5
(2) This act applies to conduct occurring on or after the applicable6
effective date of this act.7
HB22-1152
-4-