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H.B. 281

Failed

Workers' Compensation Cannabis Amendments

Rep. Walt Brooks
Rep. Walt BrooksBill Sponsor
View on le.utah.gov
H.B. 281Failed

Workers' Compensation Cannabis Amendments

House
Senate
Governor

What This Bill Does

This bill amends provisions related to workers' compensation and cannabis use.

Key Provisions

This bill:

  • defines terms;
  • creates a rebuttal presumption regarding cannabis use that would reduce a workers' compensation award under certain circumstances; and
  • amends provisions related to testing for cannabinoids.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

Under current Utah law, workers' compensation benefits can be reduced or eliminated when an employee's own misconduct — such as being intoxicated by alcohol or using unprescribed controlled substances — contributed to their workplace injury. This bill adds THC (the intoxicating compound in cannabis) and chemically similar substances to that same framework, establishing that if a blood test shows a THC concentration above 20 nanograms per milliliter at the time of injury, it is presumed that the employee's impairment was a major contributing cause of the injury. That presumption can be rebutted with evidence such as a doctor's opinion, proof the employee was not actually impaired, or a showing that the THC level could be consistent with passive (secondhand) exposure. The bill also requires that cannabinoid testing under this section use a blood test rather than a urine test, and it excludes several non-intoxicating cannabis compounds like CBD from the definition of THC analogs.