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HB 1797

Relating to drug testing and prescription drug policies for employees and independent contractors of state agencies and political subdivisions regarding the medical use of low-THC cannabis and hemp.

89th Legislature (2025) Introduced by John Bucy

Texas bill would protect state and local employees' medical cannabis/hemp use from drug test penalties while clarifying employer testing policies.

Referred to State Affairs
#crimes--drugs(i0185) #drug&alcoholtesting(s0010) #hemp(s0907) #labor--general(i0500) #marihuana(s3105) #medicine&prescriptiondrugs(s7338) #politicalsubdivisions(i0588) #stateagencies #boards&commissions(i0749) #stateemployees(i0626)
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Bill Summary · HB 1797

Legislative bill overview

HB 1797 would establish drug testing and prescription drug policies for state agency and political subdivision employees regarding medical cannabis and hemp use. The bill specifically addresses how employers in the public sector should handle low-THC cannabis and hemp in their testing protocols and employment decisions.

Why is this important

This addresses a practical conflict between Texas's legalization of low-THC cannabis for medical purposes and existing employee drug testing policies that may penalize lawful medical use. As more states expand medical cannabis access, public employers face questions about how to balance workplace safety concerns with employee medical rights and legal protections.

Potential points of contention

  • Definition and testing challenges: Low-THC cannabis and hemp testing presents technical difficulties since standard drug tests may not distinguish between lawful medical use and impairment, or between legal hemp and illegal cannabis
  • Workplace safety balance: Employers may resist restrictions on testing authority, citing safety-sensitive positions (transportation, equipment operation, law enforcement) where impairment concerns are legitimate
  • Inconsistency with federal law: Federal employee drug testing standards and federal employment may create conflicts, particularly for agencies receiving federal funding or oversight

Compiled from official sources — confirm details with the bill’s official record.

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