§ 34A-5-115 — Nondiscrimination for medical cannabis use while employed by the government -- Medical cannabis and prescription use.

(1) As used in this section:
(1)(a) "Adverse employment action" means any of the following in regards to an employee:
(1)(a)(i) dismissal from employment;
(1)(a)(ii) suspension from employment;
(1)(a)(iii) reduction in compensation;
(1)(a)(iv) failing to increase compensation by an amount that the employee is otherwise entitled to or was promised;
(1)(a)(v) failure to promote an employee if the employee would have otherwise been promoted; or
(1)(a)(vi) threaten to take an action described in Subsections (1)(a)(i) through (v).
(1)(b) "Government employer" means an employer that is the state or a political subdivision of the state.
(1)(c) "Medical cannabis" means the same as that term is defined in Section 26B-4-201.
(1)(d) "Medical cannabis cardholder" means the same as that term is defined in Section 26B-4-201.
(2) (2)(a) A government employer may take an adverse employment action against an employee for failing a drug test for the use of medical cannabis that is obtained and used in accordance with state law only if the government employer would take an adverse employment action against an employee for failing a drug test for the use of a prescribed controlled substance that was used in accordance with state law.
(2)(b) A government employer may take an adverse employment action against an employee for the sole reason of the employee being a medical cannabis cardholder only if the government employer would take an adverse employment action against an employee for the sole reason that the employee has a prescription for a controlled substance.
(2)(c) A government employer that would take an adverse action described in Subsection (2)(a) or (2)(b) shall have a written policy that:
(2)(c)(i) is comprehensive in nature regarding when an employee would be disciplined; and
(2)(c)(ii) does not treat medical cannabis any differently than another controlled substance.
(3) Subsection (2) does not apply:
(3)(a) where the application of Subsection (2)(a) or (b) would jeopardize federal funding, a federal security clearance, or any other federal background determination required for the employee's position; or
(3)(b) if the employee's position is dependent on a license or peace officer certification that is subject to federal regulations, including 18 U.S.C. Sec. 922(g)(3).
(4) Before taking an adverse employment action against an employee solely because the employee is a medical cannabis cardholder or holds a prescription for another controlled substance, a government employer shall:
(4)(a) consult with legal counsel, if one is employed or contracted with to provide services to the government employer; and
(4)(b) obtain approval from:
(4)(b)(i) for a political subdivision, the mayor or county executive; or
(4)(b)(ii) for a state employer, the state employer's agency head or the agency head's designee.
(5) An employee described in this section:
(5)(a) may file a complaint in accordance with Section 34A-5-107 with the commission; and
(5)(b) is entitled to any remedies under this chapter for an employer's violation of Subsection (2).
(6) Nothing in this section requires a private employer to accommodate the use of medical cannabis or affects the ability of a private employer to have policies restricting the use of medical cannabis by applicants or employees.

Legislative History

Enacted by Chapter 217, 2024 General Session