| 1 | 1 | | HOUSE . . . . . . . . No. 4426 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ________________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, February 26, 2024. |
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| 5 | 5 | | The committee on Cannabis Policy, to whom was referred the petition |
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| 6 | 6 | | (accompanied by bill, House, No. 114) of Michael P. Kushmerek and |
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| 7 | 7 | | Colleen M. Garry relative to employment protections for medical |
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| 8 | 8 | | marijuana patients, reports recommending that the accompanying bill |
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| 9 | 9 | | (House, No. 4426) ought to pass. |
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| 10 | 10 | | For the committee, |
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| 11 | 11 | | DANIEL M. DONAHUE. 1 of 2 |
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| 12 | 12 | | FILED ON: 2/5/2024 |
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| 13 | 13 | | HOUSE . . . . . . . . . . . . . . . No. 4426 |
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| 14 | 14 | | The Commonwealth of Massachusetts |
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| 15 | 15 | | _______________ |
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| 16 | 16 | | In the One Hundred and Ninety-Third General Court |
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| 17 | 17 | | (2023-2024) |
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| 18 | 18 | | _______________ |
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| 19 | 19 | | An Act prohibiting employment discrimination based on legal use of cannabis. |
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| 20 | 20 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 21 | 21 | | of the same, as follows: |
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| 22 | 22 | | 1 SECTION 1. Section 1 of chapter 151B of the General Laws, as appearing in the 2022 |
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| 23 | 23 | | 2Official Edition, is hereby amended by adding the following subsection: -- |
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| 24 | 24 | | 3 24. The term “safety sensitive position” shall mean a position with duties that, if |
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| 25 | 25 | | 4performed while under the influence of drugs or alcohol, could lead to a lapse of attention that |
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| 26 | 26 | | 5could cause actual, immediate, and permanent physical injury or loss of life to self or others. |
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| 27 | 27 | | 6 SECTION 2. Section 4 of Chapter 151B of the General Laws, as so appearing, is hereby |
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| 28 | 28 | | 7amended by adding after subsection 19, the following subsections: -- |
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| 29 | 29 | | 8 20. For an employer or his agent, because of the presence of tetrahydrocannabinol or |
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| 30 | 30 | | 9marijuana metabolite in the blood, urine or other body sample provided by the individual, to |
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| 31 | 31 | | 10refuse to hire or employ or to bar or to discharge from employment such person or to |
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| 32 | 32 | | 11discriminate against such person in compensation or in terms, conditions or privileges of |
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| 33 | 33 | | 12employment, unless reasonable suspicion exists that the employee was impaired by marijuana at |
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| 34 | 34 | | 13the employee’s place of employment or during the hours of employment. 2 of 2 |
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| 35 | 35 | | 14 It shall be a defense to such employment action if the employee, due to the presence of |
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| 36 | 36 | | 15tetrahydrocannabinol or marijuana metabolite in the blood, urine or other body sample provided |
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| 37 | 37 | | 16by the individual, is unable to maintain licenses, credentials, or other qualifications that are |
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| 38 | 38 | | 17reasonably necessary for the performance of the employee’s position, regardless of whether such |
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| 39 | 39 | | 18licensing, credentialing, or other qualifications prohibit the employee from using marijuana. This |
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| 40 | 40 | | 19section shall not apply to safety sensitive positions or if compliance would cause the employer to |
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| 41 | 41 | | 20commit a violation of a federal law, regulation, contract, or funding agreement. |
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