Prohibiting employers from testing employees and prospective employees for the presence of tetrahydrocannabinols, synthetic cannabinoids, or controlled substance analogs of tetrahydrocannabinols or synthetic cannabinoids as a condition of employment. (FE)

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill, subject to certain exceptions, prohibits an employer, including the state, from requiring an employee or prospective employee to submit to a test for the presence of any tetrahydrocannabinol (THC), which is the active ingredient in marijuana, synthetic cannabinoid, or controlled substance analog to THC or a synthetic cannabinoid in his or her system (drug testing) as a condition of employment. The bill, subject to certain exceptions, provides that any agreement between an employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for the employee or prospective employee submitting to drug testing is prohibited.

The bill, however, does not apply to the drug testing of an employee or prospective employee who is subject to drug testing under 1) any regulation promulgated by the federal Department of Transportation that requires drug testing of an employee or prospective employee or any rule promulgated by the Department of Transportation of this state adopting such a regulation for purposes of enforcing the requirements of that regulation with respect to intrastate commerce; 2) any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of employees and prospective employees as a condition of receiving the contract or grant; 3) any federal statute, regulation, or order that requires drug testing of employees and prospective employees for purposes of safety or security; 4) any substance abuse prevention program under a collective bargaining agreement or under the current law that requires such programs for public works and public utility projects; or 5) rules promulgated by the Law Enforcement Standards Board requiring drug testing of prospective law enforcement officers, tribal law enforcement officers, jail officers, and secure detention officers.

Who's behind it

8 lawmakers are its authors⁠. All 8 are Democrats.

1 more lawmaker signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DWD