The proposed bill establishes the "Medical Marijuana Public Employee Protection Act," which aims to safeguard public employees who are qualified patients using medical marijuana from adverse personnel actions by their employers. Under this act, public employers are prohibited from taking negative employment actions against employees or job applicants solely based on their medical marijuana use, provided they are qualified patients. However, exceptions exist if the employer can demonstrate that the employee's use of medical marijuana impairs their job performance. The bill also outlines the definitions of key terms, such as "adverse personnel action," "qualified patient," and "public employer," and mandates that employers notify employees of their rights regarding positive drug test results.
Additionally, the bill stipulates procedures for handling positive marijuana test results, including the requirement for employers to provide written notice to employees or applicants about their right to contest the results. If an employee contests a positive test, they may submit evidence, including physician certifications, to support their case. The bill allows for civil action against employers who violate these protections, enabling affected employees to seek remedies such as reinstatement, compensation for lost wages, and attorney fees. Importantly, the act does not require employers to accommodate medical marijuana use if it poses a threat or undue hardship, nor does it mandate reimbursement for medical marijuana costs by health insurers.