MODEL BILLS

End Marijuana Drug Testing Act

Summary: The End Marijuana Drug Testing Act prohibits drug testing for marijuana use unless the testing is required by federal law or is part of a law enforcement investigation into intoxication while driving.

NOTE: Maine approved a referendum which reads: “A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 21 years of age or older solely for that person’s consuming marijuana outside of the school’s, employer’s or landlord’s property.”

SECTION 1. SHORT TITLE

This Act shall be called the “End Marijuana Drug Testing Act.”

SECTION 2. FINDINGS AND PURPOSE

(A) FINDINGS—The legislature finds that:

1) Recreational marijuana is now legal in ten states and Washington, D.C. while medical marijuana is legal in 33 states.

2) Nevertheless, more than half of employers conduct drug tests on job candidates, almost always including marijuana.

3) It is neither fair nor sensible to disqualify a job applicant, fire a worker, refuse an apartment, expel a college student, or deny any social services because an individual has engaged in a lawful activity.

(B) PURPOSE—This law is enacted to protect residents who legally use marijuana.

SECTION 3. END MARIJUANA DRUG TESTING

After section XXX, the following new section XXX shall be inserted:

1) Unless required by federal law, no employer, landlord, college or government agency shall require any person, as a condition of employment, housing, education or government services, to participate in a blood, breath or urine test for the detection of marijuana.

2) This prohibition against testing:

a) shall not prohibit law enforcement authorities from such testing as part of an investigation into possible intoxication while operating a vehicle; and

b) does not prohibit an employer, college or landlord from taking action based on a person’s behavior rather than test results.

SECTION 4. EFFECTIVE DATE

This Act shall take effect on July 1, 20XX.