Bill > S2723

Introduced Session

This bill prohibits paid first responders from using cannabis items under the recreational use statute. Under current law, employers are prohibited from refusing to hire a prospective employee or taking adverse action against a current employee, including discharge from employment, because the person does or does not use cannabis items. Employers are permitted to drug test employees based on a reasonable suspicion of an employee's use of a cannabis item while engaged in the performance of the employee's work responsibilities or upon finding observable signs of intoxication, but may not require an employee to abstain from recreational usage while off-duty. Under the bill, paid first responders are prohibited from using cannabis items on or off-duty. The bill provides that an employer of first responders may discharge from employment or take any adverse action against an employee who is a first responder with respect to compensation, terms, conditions, or other privileges of employment if that person uses cannabis items pursuant to the recreational use statute. Additionally, the bill provides that a first responder may be subject to adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee's bodily fluid from engaging in conduct permitted under the recreational use statute. Additionally, the bill permits employers to conduct random drug tests of first responder employees. The drug test is required to include scientifically reliable objective testing methods and procedures, such as testing of blood, urine, or saliva in order to determine whether the employee has engaged in the use of cannabis items. The bill also permits an employer to refuse to hire a prospective first responder due to use of cannabis items, as permitted under the recreational use statute and employ the use of drug testing as part of pre-employment screening. The bill defines first responder to mean a law enforcement officer; paid firefighter; paid member of a duly incorporated first aid, emergency, ambulance, or rescue squad association; paid emergency medical technician; paid paramedic; or paid 9-1-1 first responder dispatcher.

AI Summary

Committee Categories

Jim Beach (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 05/26/2022)

Official Document