New Hampshire HB-82: Employment Protections for Medical Patients This article was originally posted by The Patient Perspective, which allowed us to share it with you.
Let’s talk about employment protections for medical patients in New Hampshire.
According to a 2022 New Hampshire Therapeutic Cannabis Program data report, there are just over 13,000 patients enrolled in the program.
Patients enroll in the program to participate in alternative medicine. They’ve either found success treating their ailments with cannabis in the past, or they were directed by their physician, or by members of their community to give it a shot.
With the legality and consumption of cannabis still overly stigmatized, New Hampshire patients can still be targeted by their employers for participating in the states therapeutic cannabis program.
Currently on its way to the Senate, HB-82 would provide New Hampshire cannabis patients with an extra layer of protection from being targeted in the workplace just for holding patient status.
Relative to employment protection for participants in the Therapeutic Cannabis Program.
The bill text is pretty straightforward, it can be viewed clicking here.
Essentially, the bill would protect qualified patients of the program that carries a current and valid medical card.
An employer shall make reasonable accommodations for such individual unless the accommodation would impose an undue hardship on the employer’s business. It shall be presumed that an employee being impaired by cannabis products while on duty is an undue hardship upon the employer.HB-82 Amendment
New Hampshire Supreme Court Ruling
Back in January of 2022, the New Hampshire Supreme Court ruled unanimously that businesses are not permitted to terminate employees for their off-the-job use of medical cannabis.
While the ruling was a win for New Hampshire cannabis patients, New Hampshire’s medical cannabis law still does not protect patients from being terminated. Opening the doors for potential headaches and hardships for patients if their employer sees otherwise.
HB-82 Aims to Fix This
While passing the house, HB-82 is on its way to the Senate where the bills future is unknown.
HB-82 had a hearing with the Senate Commerce committee on April 2nd, 2024. From here, committee members will vote on a recommendation for the bill before it heads to the Senate floor for a vote.
Employment protections for cannabis patients is not taboo. Currently, 20 states have laws that specifically protect medical cannabis patients from workplace discrimination.
During the Therapeutic Cannabis Programs listening session, we heard from various patients who are able to work, but feared they would be unfairly discriminated against by their employer simply for consuming medication that the state has permitted them to consume.
With the New Hampshire Supreme Court ruling and the overwhelming support across the country for these types of protection, it seems like a no-brainer to me.
What Can You Do?
Have you worried about your employer finding about your patient status or medical cannabis consumption? Have you actively avoided jobs that drug test because you know your medical cannabis consumption will be flagged? If you answered yes to any of those questions, we need your voice.
Reach out to Senate Finance and Push for Support!
While the public hearing for HB-82 has passed, we can still message members of the Senate Commerce committee and members of the senate to discuss the importance of workplace protections for patients.
The email for the Senate Commerce Committee is below.
- William.Gannon@leg.state.nh.us
- Denise.Ricciardi@leg.state.nh.us
- Shannon.Chandley@leg.state.nh.us
- Donna.Soucy@leg.state.nh.us
- Daniel.Innis@leg.state.nh.us
- Aaron.Jones@leg.state.nh.us (Committee Aide)
Locate your Senator
Want to reach out directly to the senator that represents you? You can find out who your State Senator is by clicking the link below.
When the page loads, you will be prompted to select your town from the dropdown. Once you select your town, the page will direct you to your Senator’s profile where you will find their contact information.
If you have any questions on this process, please let me know.
Till next time,
More from NHCannaPatient on Beard Bros Pharms:
New Hampshire Cannabis: HB1633 Brings New Found Criminalization to Cannabis Consumers
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