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Avoid the Potholes of State Marijuana Laws
Practical Law Legal Update 3-541-4866 (Approx. 3 pages)
Avoid the Potholes of State Marijuana Laws
by Practical Law Labor & Employment
| Published on 17 Sep 2013 • USA (National/Federal) |
Resources to help employers understand and navigate state marijuana laws.
Many states have enacted laws protecting the rights of patients suffering from debilitating illnesses to access and use medical marijuana. Colorado and Washington have taken the additional step of legally authorizing recreational marijuana use. For example, in Colorado, patients with a legitimate debilitating medical condition may access medical marijuana, and adults at least 21 years old can legally consume or possess limited amounts of marijuana for recreational purposes.
Many employers have questions about state marijuana laws and want to understand what actions they can take to ensure the safety of their workplace without violating their employees' rights under state marijuana laws. Other employers want to enforce a zero tolerance drug policy, but are unsure of their obligations under state marijuana laws. These employers have many of the same questions, including:
- Can an employer terminate an employee or take another adverse employment action if the employee tested positive for marijuana use or refused to take a drug test? Does the answer change if the employee tested positive for marijuana use, but only used marijuana legally and while off duty?
- Are employers required to accommodate the use of medical marijuana in the workplace?
- Can employers prohibit the use of marijuana in the workplace, even if the state has legalized marijuana use in certain circumstances?
- Can employers be penalized for employing individuals who legally use marijuana?
Practical Law has published several resources to help employers navigate this developing area of law, including: