SB 692 (Polsky) and HB 335 (Duran) prohibit a public employer from taking adverse personnel action against an employee or a job applicant who is a qualified patient using medical marijuana. However, an employer may take appropriate adverse personnel action against any employee if the employer establishes by a preponderance of the evidence that the lawful use of medical marijuana is impairing the employee's ability to perform his or her job responsibilities. The bills require an employer that has a drug testing policy to provide written notice of an employee's or job applicant's right to explain a positive marijuana test result within a specified time frame. (Hughes)