Anti-discrimination Bill against marijuana patients
Legislation that would make it unlawful “for an employer to discriminate against” persons who are authorized under state law to use medical marijuana is pending in the California Senate.
Senate Bill 129 declares it unlawful under state law “for an employer to discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person, if the discrimination is based upon the person’s status as a qualified patient or a positive drug test for marijuana,” if the drug test result is indicative of previous, off-the-job marijuana use (e.g., a positive test for marijuana metabolites on a urine screen).
The measure would authorize a person who has suffered discrimination in violation of the law to “institute and prosecute a civil action for damages, injunctive relief, reasonable attorney’s fees and costs, any other appropriate equitable relief, as specified, and any other relief the court may deem proper.”
A similar version of SB 129 was approved by the California Legislature in 2008, but vetoed by then-Governor Arnold Schwarzenegger.