Hawaii’s House committee has introduced legislation to protect medical marijuana patients registered with the state from workplace discrimination.
The bill, HB 325, would prohibit employers from discriminating against a person because they hold a card for medical marijuana when hiring, terminating, or making other decisions related to employment. However, there are some restrictions. This bill also prohibits discrimination on the basis of a positive test for cannabis and metabolites if the patient is registered, as long as the employee does not appear to be impaired.
In the introductory text of this measure, it states: “The conflicting state-federal medical cannabis laws cause confusion among employers. They are uncertain whether they can enforce their drug-free work policies without violating employees’ rights.” In the past, courts have ruled for employers when patients with qualifying conditions challenge drug-free policies. But they haven’t completely excluded that state medical marijuana laws could protect qualified patients from discrimination in employment.
It continues: “Without express statutory guidance, the courts may be unable to properly balance between an employer’s desire to ensure a safe work environment and the need of patients who qualify for employment protections.”
Both public and private workers would be protected, but not those who are involved in law enforcement, corrections, or emergency medical services, or who use heavy equipment or vehicles, or who have firearms at work, or who care for children, the elderly, or administer drugs.
A medical marijuana patient could be discriminated against by employers if, “failing to do so” would result in the loss of a financial or licensing benefit under contract or federal law.
This bill would protect employers against liability if medical cannabis impairment was solely responsible for an injury or fatality.
On Tuesday, the House Committee on Labor took testimony on the bill and voted unanimously, 6–0, to advance it with a minor technical amendment.
In a written statement, the Department of Health of California said that patients who use medical marijuana “should be treated no differently than those who are using other legal medicines.”
The department stated that in Hawaii, the healthcare provider has to determine whether medical marijuana is an effective treatment for their condition before they can qualify as medical cannabis patients. The department stated that once a healthcare provider determines medical cannabis to be necessary, the patient shouldn’t face discrimination or termination by their employer due to treatment. The protections provided by HB325 have been carefully designed to ensure that the rights of employees are balanced with the needs of other people and the health of the employee-patient.
Hawaii Food Industry Association is one of those groups that opposes the changes. It represents retailers, food suppliers, beverage producers, and other companies. One representative of the group said Tuesday to committee members that this would be impossible because its members work nationally, and they would “not be able to create employment policies aligned with federal laws and with these legislations.”
According to the National Conference of State Legislatures, nearly two dozen states have already implemented some form of protection against discrimination in employment for medical marijuana users.
Before the bill was passed, members of the committee adopted an amendement to include a date that is defective. This amendment serves as a method to ensure that additional discussions are held before the law becomes law.
Separately lawmakers introduced last week legislation in each chamber that would allow adults to use marijuana, and also license the commercial retail market.
These 311-page proposals, which are sponsored by House Judiciary and Hawaiian Affairs Committee Chair David Tarnas and Senate Health and Human Services Committee Chairman Joy San Buenaventura respectively, would allow adult citizens 21 and older up to one ounce of marijuana and 5 grams of cannabis concentration as of 1 January 2026. Adults can also grow small amounts of marijuana for their personal use.
These bills also include a new office that would regulate hemp and adult-use marijuana under one agency, the Hawaii Cannabis and Hemp Office. The retail sales of marijuana to adults will begin in the next few months, and taxes on products that are not medical would be 14 percent.
After lawmakers were unable to pass legalization legislation last year, a new proposal has been made. The Senate approved approved that measure last March, but, as with past efforts to end prohibition, it stalled out in the House of Representatives.
This past fall, regulators solicited proposals to assess the state’s current medical marijuana program—and also sought to estimate demand for recreational sales if the state eventually moves forward with adult-use legalization. Others interpreted the move to be a signal that regulators needed to get ready for the reform.
Hawaii became the first U.S. State to pass a medical marijuana law through its legislative branch in 2000.
A new poll shows that marijuana use helps most people reduce their alcohol consumption.
Side Pocket Images. Photo by Chris Wallis.