(September 19, 2008) A California Chamber of Commerce-opposed “job killer” bill that undermines employers’ ability to provide a safe workplace now awaits action by the Governor.

AB 2279 (Leno; D-San Francisco) hurts employee safety and employers’ right to maintain drug-free workplace policies and exposes employers to potential litigation by prohibiting employers from refusing to hire applicants or fire current workers who use medical marijuana.

California's Compassionate Use Act of 1996 permits "seriously ill" state residents to obtain and use marijuana for medicinal purposes. Regardless of the merits of marijuana for medical purposes, the use and possession of marijuana remains illegal under the federal Controlled Substances Act, and may not be used for medical purposes under any circumstances under federal law. Individuals may be arrested and prosecuted for growing and/or using medical marijuana in violation of federal law throughout the country.

California businesses that have federal contracts could be at a competitive disadvantage by compromising their drug-free workplace policies. Employing individuals who test positive for marijuana for any reason could render the business non-compliant with the federal Drug-Free Workplace Act. The businesses’ ability to do federal contracting work or receive federal grants would be in serious jeopardy.

In addition to marijuana being illegal, CalChamber opposes AB 2279 for these reasons:

• The California Supreme Court ruled that employers are not required to retain workers who test positive for marijuana use even if the drug is recommended by a doctor for medical reasons.
• Allowing marijuana users in the workplace could drive up workers compensation premiums because employers would be unable to provide a drug free workplace.
• Since there is no reliable test to measure impairment from marijuana use, employers are concerned that medical marijuana use impairs their workers and puts other employees' safety at risk.
• Employers may voluntarily hire and employ individuals that use marijuana for medical purposes; conversely, employers should also have the right not to hire medical marijuana users.

Action Needed

AB 2279 has been sent to the Governor's desk. Contact the Governor and urge him to veto AB 2279.

For a sample letter, visit www.calchambervotes.com.

Staff Contact: Marti Fisher