California employers would be prohibited from discriminating against workers and job applicants for off-duty cannabis use under legislation that gets a hearing on April 20—coincidentally the date of annual pot-centered celebrations.
Lawmakers are trying to fill in the gaps to protect those who use a substance that 37 states and the District of Columbia have legalized for medical use and 18 states and D.C. have legalized for recreational use, according to the National Organization for the Reform of Marijuana Laws (NORML), which advocates for legalization and decriminalization, and the National Conference of State Legislatures.
California, Colorado, Oregon, and Washington legalized cannabis long before they considered adopting non-discrimination provisions for workers, including those who use weed medicinally, for off-the-job use and detailing when employers can discipline employees or reject potential workers.
“As the laws are being developed now for other states, particularly New England states, you’re actually seeing a more progressive situation where they’re writing more protective provisions” than in California or Colorado, said John E. Thomas, a McGuireWoods associate in Tysons, Va., who represents employers.
Workers aren’t protected under medical marijuana laws in states from Alabama to Washington. The problem, Thomas said, is states “write 400-page medical marijuana laws” and don’t mention employees.
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