SD 384 Massachusetts Senate · 194th Legislature (2025-2026)

An Act relative to the fair treatment of employees

This bill (SD 384) protects Massachusetts employees from workplace discrimination based on off-duty marijuana use. It prohibits employers from penalizing workers for using marijuana outside of work hours or while not impaired during work tasks, unless federal requirements (like DOT testing) apply. Exceptions include cases where an employee cannot maintain job-specific licenses due to marijuana use, or if an employee faces criminal charges related to marijuana. Employees who believe they were discriminated against can sue for actual damages or up to double damages if the violation was willful. The law directly affects employees and employers across Massachusetts workplaces.
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Photo of Jason Lewis
Jason Lewis
DDemocratic
MA
Fifth Middlesex