New Hampshire 2023 Regular Session

New Hampshire House Bill HB82

Introduced
12/23/22  

Caption

Relative to employment protection for participants in the therapeutic cannabis program.

Impact

The implementation of HB 82 will alter the landscape of employment law within New Hampshire by embedding protections for therapeutic cannabis users regarding employment-related drug testing. The Secretary of Labor expects that while the bill may not significantly affect operational costs, there may be some indeterminable increase in revenue from potential fines for employers who violate its provisions. Furthermore, it also has implications for the judicial system, particularly concerning how violations are prosecuted and the associated costs.

Summary

House Bill 82, also known as the act relative to employment protection for participants in the therapeutic cannabis program, aims to enhance job security for individuals who use therapeutic cannabis under state law. Specifically, the bill prohibits employers from refusing to hire or terminating employees solely based on a positive drug test for cannabis, as long as the individual has a valid registry identification card. This legislation provides a legal safeguard for patients who may face employment discrimination due to their participation in the therapeutic cannabis program.

Sentiment

The overall sentiment surrounding HB 82 appears to be supportive among proponents of cannabis reform and those advocating for workers' rights. Supporters argue that this legislation would promote fair treatment of individuals who use cannabis therapeutically, reducing stigma and aligning employment policies with evolving societal views on cannabis use. However, there exists some contention from employers and groups that may be concerned about workplace safety and the implications of allowing employees to test positive for cannabis. This dichotomy illustrates the continued debate surrounding cannabis use in professional environments.

Contention

Key points of contention involve balancing the rights of individuals seeking treatment through cannabis with the responsibilities employers have in ensuring workplace safety. Critics may argue that while the bill protects individuals' rights, it could also pose challenges for employers in maintaining a drug-free workplace, especially in industries where safety is critical. Certain exceptions in the bill indicate that safety-sensitive positions may still require strict adherence to drug testing protocols, yet the nuance of these exceptions will continue to fuel debate about how to effectively implement the law.

Companion Bills

No companion bills found.

Previously Filed As

NH HB82

Relative to employment protection for participants in the therapeutic cannabis program.

NH SB419

Relative to the annual data report on the therapeutic use of cannabis program and relative to permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use.

NH HB1350

Relative to therapeutic cannabis possession limits.

NH HB190

Relative to therapeutic cannabis possession limits.

NH HB1295

Relative to penalties for criminal violations of the therapeutic use of cannabis.

NH HB1349

Relative to generalized anxiety disorder as a qualifying condition for the therapeutic cannabis program.

NH HB380

Relative to penalties for criminal violations of the therapeutic use of cannabis.

NH HB1278

Relative to qualifying medical conditions for purposes of therapeutic cannabis.

NH HB611

Relative to eligibility criteria for the therapeutic cannabis program and establishing a commission to study state-controlled sales of cannabis and relative to the prohibition on the sale of hemp products containing certain levels of THC.

NH HB205

Relative to exempting veterans from certification fees for therapeutic cannabis.

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