STAND. COM. REP. NO. 10

Honolulu, Hawaii

, 2025

RE: H.B. No. 325

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Labor, to which was referred H.B. No. 325 entitled:

"A BILL FOR AN ACT RELATING TO MEDICAL CANNABIS,"

begs leave to report as follows:

The purpose of this measure is to prohibit an employer from discriminating against a person in hiring, termination, or any term of condition of employment based on the person's status as a medical cannabis registry card holder, under certain conditions. This measure also authorizes an employer to use a fit-for-duty test for qualifying patients in potentially dangerous occupations and exempts certain occupations from the measure's nondiscrimination requirements.

Your Committee received testimony in support of this measure from the Department of Health; Imua Alliance; Hawaiʻi Cannabis Industry Association; Aloha Green Apothecary; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaii Food Industry Association. Your Committee received comments on this measure from the Hawaii Substance Abuse Coalition; Maui Chamber of Commerce; and Society of Human Resource Management.

Your Committee finds that although medical cannabis was legalized in the State in 2000, many individuals who possess a medical cannabis registry card and are seeking employment still lose out on employment opportunities because of an employer's drug-free workplace policy, while employers are unsure whether state laws supersede their power to enforce drug-free workplace policies. As such, greater clarity is needed to ensure that individuals' rights are protected while employers are still able to provide a safe workplace. Your Committee believes that this measure provides clarity and balance by preventing employers from discriminating against an individual based on their status as a medical cannabis registry card holder, while still authorizing employers to conduct fit-for-duty tests in potentially dangerous occupations and completely excluding certain occupations from the nondiscrimination requirements of this measure.

Your Committee amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 325, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 325, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Labor,

____________________________

JACKSON D. SAYAMA, Chair