Medical Marijuana Employment (H 5759, S 615)

While current Rhode Island law prohibits employment discrimination based upon a medical marijuana patient’s status as a cardholder, some employers have claimed that they can fire or not hire a cardholder who tests positive for marijuana on a drug test. The ACLU filed a successful lawsuit on behalf of a Rhode Island resident facing this exact issue, but some employers still make that discredited argument. This legislation would have clarified the law once and for all and would have ensured that a positive drug test cannot become a roundabout way of firing or refusing to employ a patient who is lawfully using medical marijuana. This legislation died in committee in both chambers.