Bill to end marijuana testing for government job applicants

REPRESENTATIVE Diego Vincent F. Camacho will introduce today, Wednesday, House Bill 23-50 which proposes to remove marijuana from the pre-employment test for those applying for government jobs.

Camacho chairs the House Committee on Cannabis.

The bill would not apply to the pre-employment test for those applying for safety-sensitive positions or jobs that affect the safety of one or more persons, including the operation of motor vehicles, heavy machinery, emergency services or the carrying of firearms.

H.B. 23-50 would also require department, entity or organizational heads, in conjunction with the Office of Personnel Management director, to identify in writing all safety-sensitive positions in the government.

The bill “does not preempt any federal laws requiring an applicant to be tested for controlled substances, including federal laws governing CNMI employees subject to federal funding, federal benefits or federal contact.”

But marijuana, which is no longer an illegal drug under CNMI law, “should not be included in the pre-employment testing for prospective employees, except for certain employees including enforcement officers, firefighters, first responders, employees in safety sensitive positions, and federally funded employees,” the bill stated.

 It added that employees should still be subject to reasonable-suspicion testing and post-accident testing to comply with the policy that employees shall not be under the influence of alcohol or drugs when at work. Moreover, “employers have an obligation to provide a safe work environment and to protect all its employees from other employees who are under the influence of alcohol or drugs when at work.”

Diego Vincent Camacho

Diego Vincent Camacho

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