Massachusetts Committee Approves Bill to Protect Workers and Applicants from Marijuana Discrimination

Legislation that would prohibit Massachusetts employers from discriminating against workers or applicants based solely on their legal marijuana use was approved today by the Joint Committee on Labor and Workforce Development.

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

Under the proposal, registered medical marijuana patients could not be denied employment or penalized simply for their patient status. Employers would still be allowed to enforce drug-free workplace policies, but they could not discipline or terminate employees solely based on a positive marijuana test result without reasonable suspicion of impairment during work hours.

If enacted, the bill would align Massachusetts’ employment protections with its legalization of both medical and adult-use marijuana while maintaining safeguards required by federal law and public safety standards.

Following approval by the Joint Committee on Labor and Workforce Development, the measure has been sent to the House Steering, Policy and Scheduling Committee for further consideration.

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