Massachusetts House Advances Bill to Protect Workers From Marijuana Discrimination

The full House of Representatives approved House Bill 159 on its second reading today, advancing it toward a third and final reading that is expected soon. Once cleared, the bill will move to the Senate for consideration. HB 159, introduced in February by State Representative Michael Kushmerek (D) with four cosponsors, would amend state anti-discrimination law to prevent employers from firing, refusing to hire, or otherwise penalizing someone solely because they test positive for cannabis metabolites. The measure makes clear that protections would not apply in cases where there is reasonable suspicion that an employee was impaired at work.

The bill includes exemptions for “safety sensitive positions,” defined as jobs where impairment could cause serious injury or death, and for situations where federal law or funding requirements conflict with state protections. Employers could also act if marijuana use prevents a worker from maintaining necessary licenses or credentials.

Supporters of the bill say the measure would align workplace rules with Massachusetts’ legalization of recreational marijuana and protect employees from being unfairly punished for lawful, off-duty conduct.