Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H159 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 932 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 159
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael P. Kushmerek
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act prohibiting employment discrimination based on legal use of cannabis.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael P. Kushmerek3rd Worcester1/14/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/10/2025 1 of 2
16	16	HOUSE DOCKET, NO. 932 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 159
18	18	By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 159) of
19	19	Michael P. Kushmerek and Jacob R. Oliveira for legislation to prohibit employment
20	20	discrimination based on legal use of cannabis. Cannabis Policy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act prohibiting employment discrimination based on legal use of cannabis.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 151B of the General Laws, as appearing in the 2022
30	30	2Official Edition, is hereby amended by adding the following subsection: --
31	31	3 24. The term “safety sensitive position” shall mean a position with duties that, if
32	32	4performed while under the influence of drugs or alcohol, could lead to a lapse of attention that
33	33	5could cause actual, immediate, and permanent physical injury or loss of life to self or others.
34	34	6 SECTION 2. Section 4 of Chapter 151B of the General Laws, as so appearing, is hereby
35	35	7amended by adding after subsection 19, the following subsections: --
36	36	8 20. For an employer or his agent, because of the presence of tetrahydrocannabinol or
37	37	9marijuana metabolite in the blood, urine or other body sample provided by the individual, to
38	38	10refuse to hire or employ or to bar or to discharge from employment such person or to
39	39	11discriminate against such person in compensation or in terms, conditions or privileges of 2 of 2
40	40	12employment, unless reasonable suspicion exists that the employee was impaired by marijuana at
41	41	13the employee’s place of employment or during the hours of employment.
42	42	14 It shall be a defense to such employment action if the employee, due to the presence of
43	43	15tetrahydrocannabinol or marijuana metabolite in the blood, urine or other body sample provided
44	44	16by the individual, is unable to maintain licenses, credentials, or other qualifications that are
45	45	17reasonably necessary for the performance of the employee’s position, regardless of whether such
46	46	18licensing, credentialing, or other qualifications prohibit the employee from using marijuana. This
47	47	19section shall not apply to safety sensitive positions or if compliance would cause the employer to
48	48	20commit a violation of a federal law, regulation, contract, or funding agreement.