Amends TCA Title 8; Title 37; Title 38; Title 39; Title 40; Section 49-6-4213; Title 49, Chapter 5; Title 50; Section 63-1-126 and Title 71.

This bill prohibits a governmental employer from taking adverse action against a person's employment based solely on a positive confirmatory urine drug test via GC-MS (gas chromatography mass spectrum) THC-COOH (11-nor-9-carboxy-delta-9-tetrahydrocannabinol) at the level of 35 nanograms per milliliter or less. This bill creates a rebuttable presumption that it is not abuse or neglect of a child for the child's parent or guardian, or any other person authorized by the child's parent or guardian or by a court, to administer hemp to the child by means other than smoking. This bill prohibits courts from revoking a person's bail, probation, parole, or probation and suspension, and prohibits the board of parole from revoking a person's probation or parole, based solely on a positive confirmatory urine drug test via GC-MS THC-COOH at the level of 35 nanograms per milliliter or less. Present law authorizes LEAs to create policies for the random drug testing of students who participate in voluntary extracurricular activities. If a student tests positive, the principal or school counselor is required to provide referral information regarding drug and alcohol treatment programs to the student and to the student's parents or guardian. This bill prohibits an LEA, principal, or school counselor from disqualifying a student from participation in voluntary extracurricular activities, or providing referral information, based solely on a positive confirmatory urine drug test via GC-MS THC-COOH at the level of 35 nanograms per milliliter or less. This bill creates an exception to present law that makes it a violation of a licensed health care provider's practice act for the provider to fail a drug test. Under this bill, a positive confirmatory urine drug test via GC-MS THC-COOH at the level of 35 nanograms per milliliter or less would not violate a health care provider's practice act. Present law generally requires the operator of a child care agency to establish a drug testing policy for employees, directors, licensees, and operators of child care agencies and for other persons providing services under contract or for remuneration for the agency, who have direct contact with a child in the care of the agency. This bill adds that any such drug testing policy must comply with this bill's prohibition against a governmental employer taking adverse action against a person's employment based solely on a positive confirmatory urine drug test via GC-MS THC-COOH at the level of 35 nanograms per milliliter or less. Under present law, TANF applicants are subject to suspicion-based drug testing. A TANF applicant who tests positive will be referred to treatment. If the applicant refuses treatment or accepts treatment but retests positive following treatment, the applicant is ineligible for benefits for six months. This bill prohibits the department of human services from providing a referral to a treatment resource or denying a person TANF benefits based solely on a positive confirmatory urine drug test via GC-MS THC-COOH at the level of 35 nanograms per milliliter or less. This bill requires all state and local government entities to report all analysis of data of positive confirmatory urine drug tests made via GC-MS THC-COOH to the office of the comptroller. This bill requires the comptroller's office to submit a report concerning information that it receives pursuant to this bill to the judiciary committees of the senate and the house of representatives by January 1, 2023.