State by State Marijuana Laws Affecting Employers
We are definitely living in interesting times and change is always in the air. One of those changes in the air is the smell of marijuana. Recently, employers across the south had to revisit their policies with the legalization of medical marijuana. Now, some employers may need to take yet another look at their policies as more states legalize recreational use.
While no current law interferes with the employer's right to prohibit the use, possession or distribution of marijuana in the workplace, varying state and federal laws complicate the issue and leave many unanswered questions. For example, can prohibiting the use of medical marijuana in the workplace fall under discrimination laws where a disability is concerned? Or, if limited use is permitted in the workplace, will Workers’ Comp pay if an injured employee tests positive for marijuana? These are very important questions and getting the wrong answers could cost a lot of money. We encourage all employers, especially those with employees in multiple states, to review their policies with legal counsel.
If you are an Otis Woods Agency client, you already have FREE access to professional HR consultants and compliance guidelines. For example, this article can help you evaluate your policies and risks concerning marijuana in the workplace.