This bill aims to protect the employment rights of participants in the New Hampshire therapeutic cannabis program. It prohibits employers from refusing to hire or terminating the employment of a qualified patient solely based on a positive drug test for cannabis. The bill amends RSA 275 by inserting a new section, 275:37-e, which presumes that a qualified patient with a valid registry identification card has a medical condition that is considered a disability. Employers are required to make reasonable accommodations for such individuals unless it would cause undue hardship, with the presumption that impairment by cannabis products while on duty is an undue hardship.
The fiscal impact of the bill is indeterminate, as it is not expected to significantly affect the operational costs of the Department of Labor or have any appreciable impact on state, county, or local expenditures. However, there could be additional revenue from fines levied against employers who violate the bill's provisions, which would be deposited into the Department of Labor Restricted Fund. The Human Rights Commission does not anticipate a major shift in costs, as medical marijuana users are already covered under existing disability laws. The bill may affect the judicial and correctional systems, but any fiscal impact is expected to occur after FY 2024. The bill is set to take effect 60 days after its passage.