Legislation that would prohibit employment discrimination against workers who use marijuana legally has advanced in the Massachusetts Legislature.
The Joint Committee on Cannabis Policy voted yesterday to approve House Bill 159, filed in February by State Representative Michael Kushmerek (D) along with four cosponsors. The measure now moves to the House Steering, Policy and Scheduling Committee, a procedural step before it can reach the floor for debate.
HB 159 would amend state anti-discrimination law to prevent employers from firing, refusing to hire, or otherwise penalizing someone solely because they test positive for cannabis metabolites. Protections would not apply, however, in cases where there is reasonable suspicion that an employee was impaired on the job or during work hours.
The legislation creates exemptions for “safety sensitive positions,” defined as jobs where impairment could cause serious injury or death, as well as situations where federal law or funding requirements conflict with state protections. It also allows employers to act if a worker cannot maintain required licenses or credentials due to marijuana use.
Representative Kushmerek introduced the bill with support from several lawmakers, including Senator Jacob Oliveira and Representative Patrick Kearney. Supporters argue the policy is needed to align workplace rules with Massachusetts’ legalization of recreational marijuana and to protect workers from unfair consequences tied to off-duty conduct.
The committee’s approval signals growing momentum behind employment protections in the cannabis sector.
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