26B-4-207. Nondiscrimination for medical care or government employment -- Notice to prospective and current public employees -- No effect on private employers.

475 words·~2 min read·/ut/title-26b/chapter-4/26b-4-207·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)For purposes of medical care, including an organ or tissue transplant, a patient's use, in accordance with this part, of cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form:

(a)is considered the equivalent of the authorized use of any other medication used at the discretion of a physician; and

(b)does not constitute the use of an illicit substance or otherwise disqualify an individual from needed medical care.

(i)A state employer or a political subdivision employer shall take the action described in Subsection (2)(a)(ii) before:

(A)giving to a current employee an assignment or duty that arises from or directly relates to an obligation under this part; or

(B)hiring a prospective employee whose assignments or duties would include an assignment or duty that arises from or directly relates to an obligation under this part.

(ii)The employer described in Subsection (2)(a)(i) shall give the employee or prospective employee described in Subsection (2)(a)(i) a written notice that notifies the employee or prospective employee:

(A)that the employee's or prospective employee's job duties may require the employee or prospective employee to engage in conduct which is in violation of the criminal laws of the United States; and

(B)that in accepting a job or undertaking a duty described in Subsection (2)(a)(i), although the employee or prospective employee is entitled to the protections of Title 67, Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to carry out an assignment or duty that may be a violation of the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis.

(b)The Division of Human Resource Management shall create, revise, and publish the form of the notice described in Subsection (2)(a).

(c)Notwithstanding Subsection 67-21-3 (3), an employee who has signed the notice described in Subsection (2)(a) may not:

(i)claim in good faith that the employee's actions violate or potentially violate the laws of the United States with respect to the manufacture, sale, or distribution of cannabis; or

(ii)refuse to carry out a directive that the employee reasonably believes violates the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis.

(d)An employer may not take retaliatory action as defined in Section 67-19a-101 against a current employee who refuses to sign the notice described in Subsection (2)(a).

(3)Nothing in this section requires a private employer to accommodate the use of medical cannabis or affects the ability of a private employer to have policies restricting the use of medical cannabis by applicants or employees.

Amended by Chapter 217 , 2024 General Session