A bill that bans employers from refusing to hire a job candidate for lawful cannabis use passed the Senate. The bill now heads to the House for consideration.

We originally wrote about SB 5123 in January, which you can read here. Starting in January 2024, the bill prohibits an employer from “discriminating against a person in the initial hiring” for the job candidate’s off-the-job, out-of-the-workplace cannabis use or for failing an employer-required drug test for cannabis. It also provides a number of exemptions from the cannabis discrimination ban including positions that require a federal background check and maintaining employer rights and obligations to maintain a drug and alcohol-free workplace.

The bill received amendments in the Senate Labor & Commerce committee that clarified that it only applies to drug testing pre-employment, and not other testing done after hiring as part of an accident investigation or suspicions of an employee’s impairment. The committee amendments also added that the cannabis discrimination ban does not preempt other state or federal laws requiring certain job applicant testing for controlled substances, or if testing is necessary to receiving federal funds, federal licensing, or federal contract.

On the Senate floor, the bill was amended again to provide a broad exemption for “safety sensitive positions” where cannabis impairment presents a substantial risk of death. The amendment requires such “safety sensitive” positions to be identified as such by the employer before an applicant applies for the job.

The final version of the bill passed off the Senate floor on a 28-21 vote. It now heads to the House for consideration, likely after next week’s house of origin cutoff.