Bill > HB1797

This bill establishes new protections for employees and independent contractors of state agencies and political subdivisions regarding medical use of low-THC cannabis and hemp. Specifically, the bill prohibits these government entities from implementing drug testing policies that screen for cannabinoids, requiring drug tests for cannabinoids as a condition of employment or contract, or establishing negative cannabinoid test results as a condition of employment. The bill also prevents agencies from prohibiting employees or contractors from prescribing or using low-THC cannabis in accordance with state law or using hemp products. Additionally, the bill protects medical privacy by preventing agencies from questioning employees about their low-THC cannabis or hemp use and mandates compliance with privacy laws. Individuals who believe their rights under this bill have been violated can seek legal remedies, including compensatory damages, injunctive relief, and attorney's fees. Importantly, the bill waives sovereign immunity, allowing individuals to sue state agencies or political subdivisions for violations. The provisions will take effect on September 1, 2025, and apply only to drug testing and policies administered on or after that date. Key terms like "low-THC cannabis" and "hemp" are defined in the bill, with low-THC cannabis referring to cannabis with specific THC concentration levels and hemp defined according to existing agricultural code.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1797