Read the full stored bill text
HB325
HOUSE OF REPRESENTATIVES
H.B. NO.
325
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to medical cannabis
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1.
�
The
legislature recognizes that the use of medical cannabis in Hawaii has been
legal since 2000.
�
In 2015, legislation
was passed that established the medical cannabis dispensary program to ensure
access for qualifying patients.
�
According to the department of health, as of August 2024, there were 30,708
patients in Hawaii with a valid medical cannabis registration.
����
The legislature further finds that while
thirty-eight states, three territories, and the District of Columbia have
approved comprehensive medical cannabis programs, only twenty-four states have
enacted some form of medical cannabis anti-discrimination employment laws to
protect qualifying patients.
�
Though the
medical use of cannabis has become increasingly accepted, qualifying patients
risk losing their jobs because there are no clear protections against
employment discrimination.
����
The
legislature also finds that the ongoing conflict between state and federal
medical cannabis laws causes confusion for employers, who are unsure whether
state medical cannabis laws supersede their power to enforce drug-free
workplace policies against employees.
�
The courts have consistently ruled in favor of employers when qualifying
patients challenge drug-free workplace policies, yet have not entirely
foreclosed on the possibility that state medical cannabis laws might operate to
protect qualifying patients against employment discrimination.
�
Without explicit statutory guidance, the
courts may not properly balance the needs of qualifying patients for employment
protections and an employer's need to provide a safe workplace.
����
The purpose of this Act is to:
����
(1)
�
Prohibit
an employer from discriminating against a person in hiring, termination, or any
term or condition of employment based on the person's status as a medical
cannabis registry card holder, under certain conditions;
����
(2)
�
Authorize
an employer to use a fit-for-duty test for medical cannabis qualifying patients
in potentially dangerous occupations
; and
����
(3)
�
Exempt
certain occupations from the
protections of this Act.
����
SECTION
2
.
�
Section 329-125.5, Hawaii Revised Statutes,
is amended to read as follows:
����
"
�329-125.5
�
Medical cannabis patient and caregiver protections.
�
(a)
�
No school shall refuse to enroll or otherwise penalize, and no landlord
shall refuse to lease property to or otherwise penalize, a person solely for
the person's status as a qualifying patient or primary caregiver in the medical
cannabis program under this part, unless failing to do so would cause the
school or landlord to lose a monetary or licensing-related benefit under
federal law or regulation; provided that the qualifying patient or primary
caregiver strictly complied with the requirements of this part; provided
further that the qualifying patient or primary caregiver shall present a
medical cannabis registry card or certificate and photo identification, to
ensure that the qualifying patient or primary caregiver is validly registered
with the department of health pursuant to section 329-123.
����
(b)
�
For the purposes of medical care, including
organ transplants, a registered qualifying patient's use of cannabis in
compliance with this part shall be considered the equivalent of the use of any
other medication under the direction of a physician and shall not constitute
the use of an illicit substance or otherwise disqualify a registered qualifying
patient from medical care.
����
(c)
�
Unless a failure to do so would cause the
employer to lose a monetary or licensing-related benefit under a contract or
federal law, an employer shall not discriminate against a person in hiring,
termination, or any term or condition of employment, other than that contained
in a collective bargaining agreement, if the discrimination is based upon
either of the following:
����
(1)
�
The person's
status as a medical cannabis registry card holder; or
����
(2)
�
A registered
qualifying patient's positive drug test for cannabis components or metabolites,
unless the registered qualifying patient was impaired by cannabis during the
hours of employment or in a potentially dangerous occupation;
provided that nothing in this subsection shall
abridge any existing right of an employer to send an employee for medical
evaluation when the employer has safety concerns about the impairment of the
employee; provided further that an employer may take adverse action or
discipline an employee who uses or possesses medical cannabis in the workplace
and is impaired.
����
(d)
�
In a potentially
dangerous occupation, an employer may use a fit-for-duty test as a risk-based
assessment tool for a registered qualifying patient
.
����
(e)
�
No employer shall have any liability to any
employee who is injured or killed during the performance of the employee's job
if the employee's impairment by medical cannabis was the sole contributing
factor to the employee's death or injury.
����
(f)
�
Subsection (c) shall not apply to:
����
(1)
�
Law enforcement
officers in the State or counties or employees of a state correctional
facility;
����
(2)
�
Firefighters
employed by the State or counties;
����
(3)
�
Water safety
officers, lifeguards, swimming instructors, or other employees of the State or
counties responsible for the safety of the public at swimming pools or on
beaches;
����
(4)
�
Employees
authorized to carry or use, or both, firearms on the job;
����
(5)
�
Emergency
medical services personnel of the State or counties;
����
(6)
�
Employees who
administer or may administer controlled substances or other drugs to patients,
whether in hospitals, nursing homes, or in emergency situations that would be
encountered by emergency medical services personnel;
����
(7)
�
Employees who
work with children, the elderly, or other vulnerable populations;
����
(8)
�
Civil defense
emergency management personnel; and
����
(9)
�
Employees who
operate or are in physical control of any of the following:
���������
(A)
�
Any
combination of vehicles that have a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001 pounds or more),
whichever is greater, inclusive of a towed unit or units with a gross vehicle
weight rating or gross vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater;
���������
(B)
�
Any
single vehicle that has a gross vehicle weight rating or gross vehicle weight
of 11,794 kilograms or more (26,001 pounds or more), or any such vehicle towing
a vehicle with a gross vehicle weight rating or gross vehicle weight that does
not exceed 4,536 kilograms (10,000 pounds);
���������
(C)
�
Any
single vehicle, or combination of vehicles, that does not meet the definition
of class A or class B, but is either designed to transport sixteen or more
passengers, including the driver, or is transporting material that has been
designated as hazardous under title 49 United States Code section 5103 and is
required to be placarded under subpart F of title 49 Code of Federal
Regulations part 172, or is transporting any quantity of a material listed as a
select agent or toxin in title 42 Code of Federal Regulations part 73;
���������
(D)
�
Public
utilities, such as the electric grid or water source;
���������
(E)
�
Machinery
or power equipment; or
���������
(F)
�
A
motor vehicle.
����
[
(c)
]
(g)
�
No qualifying patient or
primary caregiver under this part shall be denied custody of, visitation with,
or parenting time with a minor, and there shall be no presumption of neglect or
child endangerment, for conduct allowed under this part; provided that this
subsection shall not apply if the qualifying patient's or primary caregiver's
conduct created a danger to the safety of the minor, as established by a
preponderance of the evidence.
����
[
(d)
]
(h)
�
This section shall apply to
qualifying patients, primary caregivers, qualifying out-of-state patients, and
caregivers of qualifying out-of-state patients who are validly registered with
the department of health pursuant to this part and the administrative rules of
the department of health."
����
SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 4.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Medical Cannabis; Qualifying Patients; Discrimination;
Employer; Employee; Potentially Dangerous Occupations; Exemptions
Description:
Prohibits an employer from
discriminating against a person in hiring, termination, or any term or condition
of employment based on the person's status as a medical cannabis registry card
holder, under certain conditions.
�
Authorizes an employer to use a fit-for-duty test for medical cannabis
qualifying patients in potentially dangerous occupations
.
�
Exempts certain occupations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.