Massachusetts Bill to Ban Job Discrimination for Legal Marijuana Use Set for Public Hearing June 10

Legislation that would prohibit employers in Massachusetts from discriminating against workers or applicants based solely on their legal marijuana use is scheduled for a public hearing on June 10 in the Joint Committee on Labor and Workforce Development.

House Bill 2179 was introduced in February by State Representative Chynah Tyler (D). It would amend state law to make it illegal for employers to take adverse action against individuals for testing positive for marijuana if there’s no evidence of on-the-job impairment. The bill also restricts pre-employment marijuana testing unless a conditional job offer has been made, with exceptions for safety-sensitive positions or federally regulated roles.

Under the legislation, qualifying medical marijuana patients could not be denied employment or penalized at work simply for their patient status. Employers would still be allowed to maintain drug-free workplace policies, but they would not be able to penalize workers solely for a failed marijuana drug test unless there was reasonable suspicion of impairment during work hours.

If passed, the measure would align Massachusetts employment protections with the state’s legalization of marijuana for both medical and adult use, while carving out exceptions to comply with federal laws and to protect public safety.

The public hearing for HB 2179 is scheduled to start at 11:00 a.m in Room B-1 of the Massachusetts State House.

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