Effective August 28, 2019, employees possessing a valid state issued medical marijuana license shall not be discriminated against for possessing a license or testing positive for marijuana that is at or above the cutoff concentration level established by the United States Department of Transportation or state law regarding being under the influence, whichever is lower, except in the following circumstances:
(A) Use or possession of marijuana at work or during work hours;
(B) The city would fail to obtain or lose federal funding;
(C) The employee is required as part of the job duties to possess a federal license under the Federal Motor Carrier Safety Administration, the Federal Aviation Administration, Federal Railroad Administration, Federal Transit Administration, National Highway Traffic Safety Administration or Pipeline and Hazardous Materials Safety Administration;
(D) The employee’s position involves safety sensitive job duties, including, but not limited to:
(1) The handling, packaging, processing, storage, disposal or transport of hazardous materials;
(2) The operation of a motor vehicle, other vehicle, equipment, machinery or power tools;
(3) Repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage;
(4) Performing firefighting duties;
(5) The operation, maintenance or oversight of critical services and infrastructure including, but not limited to, electric, gas and water utilities, power generation, or distribution;
(6) The extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals or any other highly regulated component;
(7) Dispensing pharmaceuticals;
(8) Carrying a firearm; or
(9) Direct patient care or direct child care.
(E) The employer is not required to reimburse the costs associated with the use of medical marijuana.
(Ord. 889, passed 3-5-2024)