Massachusetts Legislature Advances Employment Discrimination Bill Protecting Marijuana Users

Massachusetts employers may want to closely track H.159 which was reported favorably out of the Cannabis Policy Committee to the House Steering, Policy and Scheduling Committee on September 2, 2025.

The proposed legislation would amend Section 4 of Chapter 151B of the General Laws (covering “unlawful practices”) to add protections for marijuana users. Specifically, it would prevent employers from refusing to hire, employ, terminate from employment or otherwise discriminate against an individual based on the presence of tetrahydrocannabinol or marijuana metabolite in the blood, urine or other body sample provided by the individual. A caveat exists to this prohibition if reasonable suspicion exists that the employee was impaired by marijuana at the employee’s place of employment or during working hours.

H.159 contains a defense if the employee is unable to maintain licenses, credentials or other qualifications that are reasonably necessary for the performance of the position. Additionally, the protections would not apply to safety sensitive positions or if compliance would cause the employer to commit a violation of a federal law, regulation, contract or funding agreement. The proposed legislation includes a definition for “safety sensitive” as well.

Employers are encouraged to continue monitoring this proposed legislation.