H.159 Moves Forward: Massachusetts Backs Employment Protections for Legal Cannabis Users

6 September 2025

Massachusetts is moving on multiple cannabis fronts. This week, the Legislature’s Joint Committee on Cannabis Policy approved H. 159, a bill by Rep. Michael Kushmerek (D) to curb most employment discrimination tied to lawful marijuana use. The measure would prohibit employers from refusing to hire, firing, or otherwise penalizing individuals solely because they test positive for THC metabolites, which generally indicate past use. Employers could still act if there is reasonable suspicion of impairment at work or if cannabis use causes an employee to lose essential licenses or credentials. The bill exempts safety-sensitive positions and any context where compliance would violate federal law, regulations, contracts, or funding conditions.

In the same session, lawmakers advanced a bill from Rep. Michael Soter (R) to broaden medical cannabis access, adding PTSD and opioid use disorder as qualifying conditions. It also clarifies that veterans who receive VA care can qualify with documentation of a debilitating condition. Together, the measures attempt to reconcile workplace practices and patient access with a market that has logged over $8 billion in adult-use sales since launching.

Regulators say they intend to finish rules for cannabis consumption lounges by October, introducing a new license type that could diversify revenue and tourism offerings. The Cannabis Control Commission in May launched an online platform to help job seekers and employers connect, even as the agency has told lawmakers it needs additional funding to deliver critical technology upgrades.

For workers, patients, veterans, and operators, this slate of actions reflects a state seeking balance: protecting off-duty conduct without tolerating on-duty impairment, expanding medical eligibility for conditions with significant public-health impact, and piloting new venues for regulated consumption—all while navigating the uncertainties of ballot politics and budget constraints.