THE SENATE

S.B. NO.

1291

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to medical marijuana.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 329-125, Hawaii Revised Statutes, is amended to read as follows:

"[[]329-125[]] Protections afforded to a qualifying patient or primary caregiver. (a) A qualifying patient or the primary caregiver may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana under this [[]part[]] or chapter 712; provided that the qualifying patient or the primary caregiver strictly complied with the requirements of this part.

(b) Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of marijuana shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of marijuana.

(c) No person shall be subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of marijuana as permitted under this part.

(d) It shall be unlawful for any employer to discipline, suspend, discharge, or discriminate against any of the employer's employees solely because the employee tested positive for the presence of marijuana or its metabolites in a substance abuse test conducted in accordance with section 329B-5 or section 329B-5.5; provided that:

(1) The qualifying patient strictly complied with the requirements of this part;

(2) Nothing in this section shall be construed to authorize the use of medical marijuana in the workplace of an employee's employment; and

(3) Nothing in this section shall be construed to supersede any statute, rule, employment contract, collective bargaining agreement, or workplace regulation or policy prohibiting an employee from being under the influence of marijuana while working in the workplace of the employee's employment."

SECTION 2. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"378- Medical marijuana. It shall be unlawful for any employer to discipline, suspend, discharge, or discriminate against any of the employer's employees solely because the employee tested positive for the presence of marijuana or its metabolites in a substance abuse test conducted in accordance with section 329B-5 or section 329B-5.5; provided that:

(1) The employee is a qualifying patient pursuant to section 329-121 and strictly complied with the requirements of part IX of chapter 329;

(2) Nothing in this section shall be construed to authorize the use of medical marijuana in the workplace of an employee's employment; and

(3) Nothing in this section shall be construed to supersede any statute, rule, employment contract, collective bargaining agreement, or workplace regulation or policy prohibiting an employee from being under the influence of marijuana while working in the workplace of the employee's employment."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Medical Marijuana; Employment; Protections

 

Description:

Prohibits an employer from disciplining, suspending, discharging, or discriminating against an employee who is a patient qualified to use medical marijuana solely because the employee tested positive for marijuana use.

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.