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Marijuana in the Workplace: A Hazy Issue for Employers

With all the changes to state laws now permitting recreational and medical marijuana use, HR professionals are understandably feeling dazed and confused. There are many questions:

  • Is an employer required to accommodate the use of medical marijuana?
  • Must an employer forgive an employee’s recreational use of marijuana over the weekend?
  • What if the employee is a truck driver? An elementary school teacher?
  • What if the employee fails a drug test?

Twenty-three states and the District of Columbia have decriminalized medical marijuana. These laws vary greatly in their criteria and implementation. In addition, some states, including Arizona, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada and New York, require accommodations for registered medical marijuana users. In those states, an employer cannot take an adverse action against an employee simply because of his or her participation in a recognized medical marijuana program. [Read More]

 

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