Includes all politicians who were in office at any point during the 2011-2012 Legislature.

SB 129 - An Act to Amend Section 11362.785 Of, and to Add Section 11362.787 To, the Health and Safety Code, Relating to Medical Marijuana.

Medical marijuana: qualified patients and primary caregivers: employment discrimination. 2011-2012 Legislature. View bill details
Author(s):
Summary:
Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient’s primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana.

Existing law requires the State… More
Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient’s primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana.

Existing law requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to patients qualified to use marijuana for their personal medical purposes, and to their primary caregivers, if any. Existing law states, however, that these provisions do not require any accommodation of any medical use of marijuana on the property or premises of any place of employment or during the hours of employment.

This bill, notwithstanding existing law, would declare it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person, if the discrimination is based upon the person’s status as a qualified patient or a positive drug test for marijuana, except as specified. The bill would authorize a person who has suffered discrimination in violation of the bill to institute and prosecute a civil action for damages, injunctive relief, reasonable attorney’s fees and costs, any other appropriate equitable relief, as specified, and any other relief the court may deem proper. The bill would not prohibit an employer from terminating the employment of, or taking other corrective action against, an employee who is impaired on the property or premises of the place of employment, or during the hours of employment, because of the medical use of marijuana. Hide
 
Status:
The bill was voted on by a Senate committee on April 5, 2011. 
There have been no votes on passage on this bill.
Other Votes:

An Act to Amend Section 11362.785 Of, and to Add Section 11362.787 To, the Health and Safety Code, Relating to Medical Marijuana.

SB 129 — 2011-2012 Legislature

Summary
Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient’s primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana.

Existing law requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to patients qualified to use marijuana for their personal medical purposes, and to their primary caregivers, if any. Existing law states, however, that these provisions do not require any accommodation of any medical use of marijuana on the property or premises of any place of employment or during the hours of employment.

This bill, notwithstanding existing law, would declare it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person, if the discrimination is based upon the person’s status as a qualified patient or a positive drug test for marijuana, except as specified.… More
Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient’s primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana.

Existing law requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to patients qualified to use marijuana for their personal medical purposes, and to their primary caregivers, if any. Existing law states, however, that these provisions do not require any accommodation of any medical use of marijuana on the property or premises of any place of employment or during the hours of employment.

This bill, notwithstanding existing law, would declare it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person, if the discrimination is based upon the person’s status as a qualified patient or a positive drug test for marijuana, except as specified. The bill would authorize a person who has suffered discrimination in violation of the bill to institute and prosecute a civil action for damages, injunctive relief, reasonable attorney’s fees and costs, any other appropriate equitable relief, as specified, and any other relief the court may deem proper. The bill would not prohibit an employer from terminating the employment of, or taking other corrective action against, an employee who is impaired on the property or premises of the place of employment, or during the hours of employment, because of the medical use of marijuana. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 11362.785 Of, and to Add Section 11362.787 To, the Health and Safety Code, Relating to Medical Marijuana.
Author(s)
Mark Leno
Co-Authors
    Subjects
    • Medical marijuana: qualified patients and primary caregivers: employment discrimination
    Major Actions
    Introduced1/27/2011
    Referred to Committee
    Passed Senate Committee on Judiciary4/05/2011
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteSenate Committee on JudiciaryDo pass.4/05/2011This motion PASSED the Senate Committee on Judiciary
    3 voted YES 2 voted NO 0 voted present/not voting
    ActionDateDescription
    Introduced1/27/2011
    1/27/2011Introduced. Read first time. To Com. on RLS. for assignment. To print.
    1/28/2011From printer. May be acted upon on or after February 27.
    2/10/2011Referred to Com. on JUD.
    3/11/2011Set for hearing March 22.
    3/15/2011Hearing postponed by committee.
    3/18/2011Set for hearing March 29.
    3/29/2011Set, first hearing. Testimony taken. Further hearing to be set.
    3/31/2011Set for hearing April 5. (Vote only.)
    select this voteVote4/05/2011Do pass.
    4/06/2011From committee: Do pass. (Ayes 3. Noes 2. Page 559.) (April 5).
    4/07/2011Read second time. Ordered to third reading.
    6/02/2011Ordered to inactive file on request of Senator Leno.
    2/01/2012Died on the inactive file.

    Total contributions given to Senators from interest groups that…

    11 Organizations Supported and 23 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 11362.785 Of, and to Add Section 11362.787 To, the Health and Safety Code, Relating to Medical Marijuana.

    11 organizations supported this bill

    American Academy of Cannabinoid Medicine
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Americans for Safe Access
    Hermes, Kris (2011, January 31). Medical Marijuana Employment Rights Bill Introduced in California Legislature Author State Senator Mark Leno argues that patients should have the right to work. Retrieved February 8, 2011, from Common Dreams.
    California Communities United Institute
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Public Defenders Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Crusaders for Patients Rights
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Drug Policy Alliance
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Law Enforcement Against Prohibition
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Lawmen Protecting Patients
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    National Lawyers Guild
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    National Organization for the Reform of Marijuana Laws
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    San Francisco AIDS Foundation
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.

    23 organizations opposed this bill

    Apartment Association of Orange County
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Apartment Association, Southern California Cities
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Associated General Contractors of America
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Association of Bed & Breakfast Inns
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Association of Health Facilities
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Association of Joint Powers Authorities
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Attractions and Parks Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Chamber of Commerce
    CalChamber (2011). Grassroots Action Center. Retrieved March 24, 2011, from Congress.org.
    California Chapter American Fence Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Farm Bureau Federation
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Fence Contractors' Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Grocers Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Hospital Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Hotel & Lodging Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Independent Grocers Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Narcotic Officers' Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California New Car Dealers Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Police Chiefs Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    California Retailers Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Engineering Contractors' Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Flasher Barricade Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Marin Builders Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.
    Western Electrical Contractors Association
    SENATE JUDICIARY COMMITTEE & (2011, March 29). Medical Marijuana: Qualified Patients: Employment Discrimination. Retrieved March 30, 2011, from Leginfo.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office during the 2011-2012 California State Legislature, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2012.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Elaine AlquistDCA-13$2,000$3,000
    Joel AndersonRCA-36$19,050$41,889
    Tom BerryhillRCA-14$18,800$98,600
    Sam BlakesleeRCA-15$0$0
    Ron CalderonDCA-30$12,000$48,400
    Anthony CannellaRCA-12$22,034$100,400
    Ellen CorbettDCA-10$48,988$11,150
    Lou CorreaDCA-34$23,750$51,463
    Kevin De LeonDCA-22$58,323$45,625
    Mark DeSaulnierDCA-7$54,162$37,730
    Bob DuttonRCA-31$6,250$45,479
    Bill EmmersonRCA-37$8,918$80,775
    Noreen EvansDCA-2$62,156$25,800
    Jean FullerRCA-18$12,300$31,850
    Ted GainesRCA-1$5,875$75,695
    Loni HancockDCA-9$41,535$18,100
    Tom HarmanRCA-35$20,198$46,250
    Ed HernandezDCA-24$20,059$92,061
    Bob HuffRCA-29$18,312$116,395
    Christine KehoeDCA-39$7,900$7,400
    Doug La MalfaRCA-4$5,273$27,600
    Mark LenoDCA-3$66,825$25,469
    Carol LiuDCA-21$32,175$22,525
    Alan LowenthalDCA-27$0$-100
    Gloria Negrete McLeodDCA-32$12,400$33,694
    Alex PadillaDCA-20$47,199$46,033
    Fran PavleyDCA-23$133,670$7,500
    Curren PriceDCA-26$23,972$35,533
    Michael RubioDCA-16$41,740$74,464
    Joe SimitianDCA-11$8,400$5,000
    Darrell SteinbergDCA-6$89,200$171,522
    Tony StricklandRCA-19$36,200$74,952
    Juan VargasDCA-40$24,850$46,250
    Mimi WaltersRCA-33$33,625$106,740
    Lois WolkDCA-5$15,416$28,900
    Rod WrightDCA-25$25,050$83,300
    Mark WylandRCA-38$10,500$31,800
    Leland YeeDCA-8$15,950$42,404

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    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Elaine AlquistDCA-13$2,000$3,000
    Joel AndersonRCA-36$19,050$41,889
    Tom BerryhillRCA-14$18,800$98,600
    Sam BlakesleeRCA-15$0$0
    Ron CalderonDCA-30$12,000$48,400
    Anthony CannellaRCA-12$22,034$100,400
    Ellen CorbettDCA-10$48,988$11,150
    Lou CorreaDCA-34$23,750$51,463
    Kevin De LeonDCA-22$58,323$45,625
    Mark DeSaulnierDCA-7$54,162$37,730
    Bob DuttonRCA-31$6,250$45,479
    Bill EmmersonRCA-37$8,918$80,775
    Noreen EvansDCA-2$62,156$25,800
    Jean FullerRCA-18$12,300$31,850
    Ted GainesRCA-1$5,875$75,695
    Loni HancockDCA-9$41,535$18,100
    Tom HarmanRCA-35$20,198$46,250
    Ed HernandezDCA-24$20,059$92,061
    Bob HuffRCA-29$18,312$116,395
    Christine KehoeDCA-39$7,900$7,400
    Doug La MalfaRCA-4$5,273$27,600
    Mark LenoDCA-3$66,825$25,469
    Carol LiuDCA-21$32,175$22,525
    Alan LowenthalDCA-27$0$-100
    Gloria Negrete McLeodDCA-32$12,400$33,694
    Alex PadillaDCA-20$47,199$46,033
    Fran PavleyDCA-23$133,670$7,500
    Curren PriceDCA-26$23,972$35,533
    Michael RubioDCA-16$41,740$74,464
    Joe SimitianDCA-11$8,400$5,000
    Darrell SteinbergDCA-6$89,200$171,522
    Tony StricklandRCA-19$36,200$74,952
    Juan VargasDCA-40$24,850$46,250
    Mimi WaltersRCA-33$33,625$106,740
    Lois WolkDCA-5$15,416$28,900
    Rod WrightDCA-25$25,050$83,300
    Mark WylandRCA-38$10,500$31,800
    Leland YeeDCA-8$15,950$42,404

    Interest Groups that supported this bill

    $ Donated
    Attorneys & law firms$1,033,338
    Health & welfare policy$40,716
    Minority & ethnic groups$6,500
    Health, education & human resources$4,500
    Drug Legalization Advocates$0
    AIDS treatment & testing$0

    Interest Groups that opposed this bill

    $ Donated
    Builders associations$397,973
    Hospitals$298,865
    Nursing homes$281,523
    Food stores$187,200
    Auto dealers, new & used$174,252
    Building operators & managers$160,600
    Chambers of commerce$88,900
    Hotels & motels$73,000
    Farm Bureau/affiliated organizations & PACs$72,913
    Electrical contractors$30,295
    Civil servant/public employee$20,839
    Municipal & county government organizations$19,900
    Retail trade$18,389
    Building materials$17,000
    General business associations$0
    Amusement & recreation centers$0
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