The Marijuana Herald

Massachusetts Bill to Protect Employees Who Consume Cannabis Off-Duty Scheduled for Public Hearing July 29

A proposal to ban employment discrimination based on off-duty marijuana use is officially scheduled for a public hearing in the Massachusetts State Senate later this month.

The legislation, Senate Bill 1148, was introduced in February by State Senator Jason Lewis (D–Fifth Middlesex) and is now slated for a public hearing before the Joint Committee on the Judiciary on July 29, 2025, from 1:00 PM to 5:00 PM in Hearing Room A-2.

Titled “An Act Relative to the Fair Treatment of Employees,” the bill would prohibit employers from firing, refusing to hire, or otherwise penalizing a worker solely because of their legal use of marijuana, provided the use does not occur during work hours or result in on-the-job impairment. The protections would not apply to federal contractors or jobs where marijuana testing is required by federal law.

According to the text, employers could still take disciplinary action if a worker is unable to maintain required licenses or credentials due to marijuana use, or if they are charged with a marijuana-related crime and the employer reasonably believes wrongdoing occurred.

Employees who believe they have been wrongfully penalized under the bill’s provisions would have the right to sue for damages or injunctive relief, with the possibility of double damages if the violation was found to be willful.

If enacted, the law would require the state’s Executive Office of Labor and Workforce Development, in consultation with the Executive Office of Public Safety and Security, to issue regulations to implement and enforce the new rules.

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