This bill amends existing legislation regarding employer and employee rights related to the use of cannabis items. It prohibits employers from taking adverse actions against employees based solely on their cannabis use or the presence of cannabinoid metabolites in their bodily fluids, except under specific circumstances. Employers may require drug testing if there is reasonable suspicion of cannabis use during work, observable signs of intoxication, or following a work-related accident. Notably, drug tests for cannabis cannot be part of pre-employment screenings, except for certain specified employees. The bill also introduces the concept of a Workplace Impairment Recognition Expert, allowing employers discretion in employing such experts for assessing impairment related to cannabis use.

Additionally, the bill outlines conditions under which employers may restrict cannabis use during non-work hours, particularly for employees in high-risk roles, such as those in critical infrastructure or public utilities, or those subject to federal regulations. The Police Training Commission is tasked with developing standards and curricula for certifying Workplace Impairment Recognition Experts, in consultation with the Cannabis Regulatory Commission. Overall, the bill aims to balance employee protections with employer rights to maintain a safe and drug-free workplace.

Statutes affected:
Introduced: 24:6I-52, 52:17B-71