Bill > A4777

This bill establishes protections for authorized medical marijuana patients against adverse employment actions, meaning employers generally cannot refuse to hire, discharge, or discriminate against an employee based on their status as a registered medical marijuana patient or a positive drug test for marijuana components, unless the employer can prove that the lawful use of medical marijuana has impaired the employee's ability to perform their job duties, which can be demonstrated by specific, observable symptoms of impairment while working. The bill also requires employers with drug testing policies to give employees or applicants who test positive for marijuana an opportunity to explain the result, such as by providing a doctor's recommendation or registry identification card, and allows them to request a retest of the sample at their own expense. Importantly, this bill does not permit employers to prohibit the use or possession of intoxicating substances during work hours, nor does it require employers to violate federal law or risk losing federal contracts or funding.