Texas House Bill HB1797

Texas 2025 - 89th Regular

• Filed: 1/9/25

Caption

Relating to drug testing and prescription drug policies for employees and independent contractors of state agencies and political subdivisions regarding the medical use of low-THC cannabis and hemp.

Impact

The implications of HB 1797 could significantly alter how state agencies manage drug testing policies. By establishing clear restrictions against testing for cannabinoids, the bill aligns state policy with the growing acceptance of low-THC cannabis for medical purposes. This could encourage the use of such substances for medical reasons without the fear of employment repercussions, facilitating a more inclusive workplace environment for those who depend on these medications.

Summary

House Bill 1797 aims to regulate drug testing and prescription drug policies related to the medical use of low-THC cannabis and hemp for employees and independent contractors working with state agencies and political subdivisions. The bill prohibits these agencies from requiring drug tests that screen for the presence of cannabinoids, establishing that a negative test result for cannabinoids cannot be a condition of employment or contract. Additionally, the bill also prevents state agencies from questioning employees about their use of low-THC cannabis or hemp, thus ensuring privacy around their medical choices.

Contention

Despite the intention behind the bill, there may be points of contention. Critics might argue that loosening restrictions could impact workplace safety, particularly in job roles that require precise operation of machinery or other safety-sensitive functions. Proponents may counter that the legislation protects personal medical choices and focuses on the rights of employees and contractors over agency interests, indicating a shift toward more progressive drug policy in the workforce.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 181. Medical Records Privacy
  • Section: New Section