Bill filed for a ban on employment discrimination against medical cannabis patients

Representative Jesús Manuel Ortiz this week filed House Bill 152 that prohibits employers from discriminating against employees who are registered patients authorized to use medical cannabis.

“In both Puerto Rico and the United States, there are state laws that allow the use of medical cannabis by state-authorized and duly certified patients. However, not all jurisdictions have labor protection laws to protect employees or potential employees from discrimination because they test positive for cannabis as a result of medication they need to address their conditions. This puts patients in a vulnerable situation to be discriminated against and at risk of losing their jobs, ”Ortiz González said in a press release.

The project, which was joined as co-authors by representatives Rafael “Tatito” Hernández, Héctor Ferrer, Ramón Luis Cruz and Orlando Aponte, finds that registered patients are considered a protected category under all employment protection laws in Puerto Rico. “The fact that you are a patient treating your conditions with medical cannabis should not be an excuse to be discriminated against on the job. Our goal is to protect employees from punishment for using any medical treatment that may be the best or only relief available for their respective conditions, ”Ortiz said.

Likewise, the representative explained that while Law 42-2017 permits the use of medical cannabis, it does not protect workers who use it from being punished for using this treatment. Therefore, this measure seeks to temper the rule of law to protect the employee-patient.

“The approval of this project would give the patient-worker peace of mind to benefit from medical cannabis treatment without fear of punishment and even dismissal from his job. The measure even protects the patient from the recruitment and recruitment process. The fact that you are a patient who treats his conditions with medical cannabis should not be an excuse to be discriminated against in the field of work, ”added the representative.

Finally, Ortiz stressed that the measure contains certain exceptions to worker-patient protection if the employer succeeds in proving that the use of medicinal cannabis poses a hazard or disrupts his work functions; jeopardizes a certification or permit issued by the federal government; or the employee takes the medicines without permission, among other things during working hours.