Five jurisdictions have laws purporting to legalize recreational marijuana use: Alaska, Colorado, the District of Columbia, Oregon and Washington, with more states considering such legislation. Does legalization negate employers’ zero tolerance substance abuse policies and disciplinary rights following a positive marijuana test result on a workplace test?

No, and any answer to the contrary is misleading. Can these laws confuse employees and cloud their understanding of their rights? Yes, without clearly defined policy language, employee communications and supervisory training.

Marijuana is still illegal under federal law, but in light of these new state recreational marijuana laws, employers must clearly communicate to employees that their workplace substance abuse and testing policies have not changed and still apply to marijuana use. [Read more at Inside Counsel]