A group of eight Hawaii State Representatives, led by Jeanne Kapela (D), filed House Bill 325 this week to address employment discrimination against medical marijuana patients.
The bill seeks to establish explicit workplace protections for registered medical marijuana patients while maintaining safety standards for specific occupations.
Since legalizing medical marijuana in 2000 and launching a dispensary program in 2015, Hawaii has seen the program grow to include 30,708 registered patients as of August 2024, according to the Department of Health. However, proponents of the new bill argue that existing laws fall short of protecting these patients from workplace discrimination.
The proposed legislation would prohibit employers from taking adverse actions—such as termination or refusal to hire—based solely on an individual’s status as a registered medical marijuana patient or a positive drug test for marijuana metabolites, provided the individual is not impaired during work hours.
House Bill 325 includes exemptions for positions deemed safety-sensitive, such as law enforcement, emergency medical services, and roles involving vulnerable populations. Employers in these fields would retain the right to enforce drug-free policies and use fit-for-duty assessments to evaluate impairment.
Kapela emphasized the need for clear statutory guidance, citing ongoing confusion stemming from the conflict between state and federal marijuana laws. Courts have typically sided with employers in related disputes, leaving patients vulnerable to job loss despite compliance with Hawaii’s medical marijuana laws.
If passed, the bill would align Hawaii with 24 other states that have enacted employment protections for medical marijuana patients, addressing a long-standing gap in state law.
