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Legislators in Massachusetts introduced a bill that would prevent discrimination against marijuana use by prohibiting pre-employment drug testing for cannabis.

About House Bill 2179

Massachusetts’ House Bill 2179 (HB2179), also known as An Act prohibiting employment discrimination based on the legal use of cannabis, seeks to place restrictions on pre-employment marijuana testing. It says employers may only screen for cannabis after they provide a conditional job offer.

HB2179 also states that employers may not refuse to hire, terminate, penalize, fail to promote, or otherwise take adverse employment actions against an individual based upon their status as a qualifying cannabis patient. This applies unless the person uses, possesses, or is impaired by marijuana while they are working. It also notes that if a qualified patient fails a drug test, employers may not take adverse action unless they have reasonable suspicion that the person was impaired by marijuana at the workplace or during standard working hours.

Exceptions

The Act lists certain exceptions and caveats:

• Organizations may conduct pre-employment marijuana screening if they are required to do so by law.
• The Act does not have any effect on compliance with workplace drug policies for any substance other than cannabis.
• Employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or at any time.
• Nothing in the law will interfere with federal employment contracts.
• The law does not apply to safety sensitive positions. Those are defined as any positions that, if the person performed them while under the influence of drugs or alcohol, could lead to a lapse of attention which might result in actual immediate, and permanent physical injury or loss of life to self or others.

What Employers In Massachusetts Should Know

HB2179 has not been signed into law, but employers in Massachusetts should know that it could be implemented at some point. If it does, then covered organizations will not be permitted to screen applicants for marijuana usage until after they have extended a conditional job offer.

Customizable Drug Screening

Employers that request drug tests on candidates and employees should be aware of any relevant laws that are in effect wherever they operate. They should also know that there are a variety of drug panels available, and they can typically be customized based on actual business needs.

Numerous states have passed laws that legalize medicinal and recreational marijuana use. Because of this, many organizations have opted to remove cannabis from the drug panels they run on individuals who represent their brand. If your organization runs drug tests and does not want to check for marijuana, talk to your service provider to get that handled quickly.

Employment Background Checks

Does your business need background checks for applicants, contractors, employees or volunteers? If so, please contact us. Our friendly and highly experienced team can help you customize screening packages that are tailored to your specific needs, applicable laws and industry best practices.

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