H.B. 238 - Medical Cannabis Employment Protections

• Prohibits employers from discriminating against medical cannabis registry card holders in hiring, termination, or employment terms, unless required by federal law or contract to do so.

• Protects employees from adverse action based on positive cannabis drug tests unless the employee was impaired during work hours or works in a potentially dangerous occupation.

• Authorizes employers to use fit-for-duty tests as risk-based assessment tools for registered qualifying patients in potentially dangerous occupations.

• Exempts nine categories of occupations from employment protections, including law enforcement, firefighters, water safety officers, armed employees, emergency medical services personnel, those administering controlled substances, employees working with vulnerable populations, civil defense personnel, and commercial vehicle operators.

• Takes effect upon approval; applies to qualifying patients, primary caregivers, and out-of-state patients validly registered with Hawaii Department of Health.