July 22, 2019

It’s high time we talked about recent developments relating to marijuana and employees. As laws legalizing medical and recreational marijuana spread across the country, this often leads employers to wonder how and if they can police it. New Jersey recently joined Arizona, Arkansas, Connecticut, Delaware, Illinois, Main, Massachusetts, Minnesota, Nevada, New York, Oklahoma and Rhode Island in providing employment protections to applicants and employees who use medical marijuana. Many of these states’ laws require that an employer consider whether lawful use of marijuana off an employer’s premises, during non-work hours might be a reasonable accommodation for an applicant or an employee suffering a disability for which medical marijuana has been prescribed. What this means in practical application is, if you have an applicant or employee who tests positive for marijuana, but that individual is a lawful medical marijuana user, you may have to think twice before refusing to hire or terminating that applicant or employee solely on the basis of a failed drug test. These laws can become very complicated when considering state differences and the overlay of federal law. To get specific answers regarding the marijuana laws in the states in which you operate, contact one of our attorneys at myHRcounsel!

If you are interested in more information, join us for the next episode in our Third Tuesday Webinar Series. Join us on August 20th for:

"Which States are Puff, Puff Passing Marijuana-Related Laws and How Can Our Company Stay Compliant?"

To register, click here...

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