Senate Bill

S.B. NO. 377

THIRTY-SECOND LEGISLATURE, 2023

STATE OF HAWAII

A BILL FOR AN ACT relating to medical cannabis.

Summary:

This bill aims to prevent employers from discriminating against employees who are medical cannabis registry card holders under certain conditions. It also allows employers to conduct fit-for-duty tests for medical cannabis patients in potentially dangerous occupations. However, there are certain exemptions for specific job positions.

Introduction:

The use of medical cannabis has been legal in Hawaii since 2000, with a growing number of patients. This bill addresses the lack of protection against employment discrimination faced by medical cannabis patients in the state. It aims to provide clarity for employers regarding their ability to enforce drug-free workplace policies.

Purpose of the Act:

1. Employers are prohibited from discriminating based on an employee's status as a medical cannabis registry card holder.
2. Employers can conduct fit-for-duty tests for medical cannabis patients in potentially dangerous jobs.
3. Certain job positions are exempt from the protections of this Act.

Key Points:

• Schools and landlords cannot penalize qualifying patients or caregivers solely based on their status in the medical cannabis program.
• Employers cannot discriminate against employees based on their status as medical cannabis patients, except under specific circumstances.
• Employers have the authority to test medical cannabis patients in potentially dangerous roles for fitness.
• Exemptions to this Act include law enforcement officers, firefighters, and other specific occupations.

Effective Date:

This Act will come into effect upon approval.

Introduced By:

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