Mar 21, 2025
employment protections, Massachusetts
Two bills, S.98 and H.159, have been proposed in the Massachusetts Legislature to prohibit employment discrimination against legal cannabis consumers. These bills would ensure that workers are not penalized for off-duty cannabis use, while still allowing employers to maintain a safe and compliant workplace.
S.98, introduced by Sen. Jake Oliveira (D), and H. 159, introduced by Rep. Mike Kushmerek (D), would prevent employers from refusing to hire, firing, or discriminating against most employees solely due to the presence of THC or cannabis metabolites in their system. The protections apply unless there is reasonable suspicion of on-the-job impairment.
These measures recognize that cannabis and its metabolites can remain in the body for days or even weeks after use, making drug tests unreliable indicators of impairment. Employees should not lose their jobs for engaging in a legal activity during their personal time.
It's important to note that these protections do not apply to "safety-sensitive positions" or situations where compliance with federal law, regulations, contracts, or funding agreements is required. Employers would also take action if cannabis use prevents an employee from maintaining necessary licenses or credentials.
Additionally, H.2019 would provide for expungement and possible re-sentencing for past marijuana possession and cultivation offenses that are no longer illegal. No one should continue to face consequences for actions that have been legal since 2016.