A bill backed by the Arkansas State Chamber of Commerce to amend the state's new medical marijuana law was filed Monday by state Rep. Carlton Wing, R-North Little Rock.
The bill, written with Cross Gunter Witherspoon & Galchus of Little Rock, aims to provide more protection to employers and define certain terms and phrases contained in the amendment, which voters approved in November.
"This bill is — simply put — it's a workplace safety act," Wing told Arkansas Business on Thursday. "Every employee has a right to expect a safe working environment ... This bill helps protect and ensure that."
The bill is one of many the Legislature is considering that deal with the nascent marijuana law. Legislators have filed other proposals to delay the law's implementation, limit the ways a person can ingest the drug and give municipalities power to regulate or prohibit dispensaries or cultivation facilities. On Tuesday, Rep. Douglas House, R-North Little Rock, said he would introduce a bill prohibiting advertising of the drug in Arkansas.
HB1460 defines "employer," "employee," "safety-sensitive position" and "under the influence," according to attorney Bruce Cross and Jennifer Chang, an associate with Cross Gunter. It will require supermajority approval in both houses of the Legislature.
Cross and Chang said the bill would protect employers from lawsuits if they:
- Take action against an employee under their own substance abuse or drug-free workplace policy that may include a drug testing program and complies with state or federal law;
- Act on a "good faith belief" that a qualifying patient was under the influence, possessed or used the drug at the workplace or while working; or
- Act to exclude a qualifying patient from performing a "safety-sensitive position" based on their good faith belief that individual is currently using marijuana.
The bill also protects employers from lawsuits if they assess, supervise or control job performance; reassign an employee to another position; place an employee on paid or unpaid leave; or terminate an employee in any of those circumstances.
And the bill tackles what employers saw as a key conflict: while the marijuana law prohibits discrimination against employees authorized to receive medical marijuana, it also states that employees may not take drugs or possess them at their workplace, or be "under the influence" while on the job.
Chang said that giving clear definition to the phrase "safety-sensitive position" — and other terms — gives employers more legal justification to ensure employees aren't impaired and don't compromise their safety or the safety of others.
"It's very realistically put together," Wing said. "We tried to think of everything to make sure that we captured the will and intent of the voters and what they voted in in the last election — at the same time taking in the will of the voters and expectations that we have of safe working environments across our state."
The bill is scheduled to go before the House Select Committee on Rules Thursday afternoon.