Marijuana in the Workplace: State Employment Laws

Written by Anonymous | Jul 27, 2023 1:00:00 PM

Since we last visited the laws surrounding marijuana, additional locations have joined the growing list of states that have legalized marijuana for medicinal or recreational purposes. In the past two years Delaware, Maryland, Minnesota, Missouri, and Rhode Island have legalized it for recreational purposes, while Mississippi and Kentucky have approved the legalization of medical marijuana.

To increase your awareness and help you decide what is best for your organization, FrankCrum has put together the guide below. The information enclosed is not legal advice, and clients are encouraged to reach out to their FrankAdvice HR Consultant for help navigating their specific situations.

Take a look at the chart below regarding marijuana legality by state and click here for additional information and four marijuana myths in the workplace in our recent blog.

State	Medical	Recreational	Decriminalized, *
Alabama	Yes	No	No
Alaska	Yes	Yes	Yes, 1oz or less
Arizona	Yes	Yes	Yes, 2.5oz or less
Arkansas	Yes	No	No
California	Yes	Yes	Yes, 28.5g or less
Colorado	Yes	Yes	Yes, 2oz or less
Connecticut	Yes	Yes	Yes, 5oz or less (1^st offense)
Delaware	Yes	Yes	Yes, 1oz or less
District of Columbia	Yes	Yes	Yes, 2oz or less
Florida	Yes	No	No
Georgia	Low THC products only	No	No
Hawaii	Yes	No	Yes, 3g or less
Idaho	No	No	No
Illinois	Yes	Yes	Yes, 30g or less
Indiana	Low THC products only	No	No
Iowa	Low THC products only	No	No
Kansas	No	No	No
Kentucky	Yes	No	No
Louisiana	Yes	No	Yes, 14g or less
Maine	Yes	Yes	Yes, 2.5oz or less
Maryland	Yes	Yes	Yes, 1.5oz or less
Massachusetts	Yes	Yes	Yes, 1oz or less, 10oz or less in home
Michigan	Yes	Yes	Yes, 2.5oz or less, 10oz or less in home
Minnesota	Yes	Yes	Yes, 2oz or less
Mississippi	Yes	No	Yes, 30g or less (1^st offense)
Missouri	Yes	Yes	Yes, 3oz or less
Montana	Yes	Yes	Yes, 1oz or less
Nebraska	No	No	Yes, 1oz or less (1^st offense)
Nevada	Yes	Yes	Yes, 1oz or less
New Hampshire	Yes	No	Yes, less than 0.75oz (1^st offense)
New Jersey	Yes	Yes	Yes, 6oz or less
New Mexico	Yes	Yes	Yes, 2oz or less
New York	Yes	Yes	Yes, 3oz or less
North Carolina	Low THC products only	No	No
North Dakota	Yes	No	No
Ohio	Yes	No	No
Oklahoma	Yes	No	No
Oregon	Yes	Yes	Yes, 2oz or less, 8oz or less in private
Pennsylvania	Yes	No	No
Rhode Island	Yes	Yes	Yes, less than 1oz, 10oz or less in home
South Carolina	Low THC products only	No	No
South Dakota	Yes	No	No
Tennessee	Low THC products only	No	No
Texas	Low THC products only	No	No
Utah	Yes	No	No
Vermont	Yes	Yes	Yes, 1oz or less
Virginia	Yes	Yes	Yes, 1oz or less
Washington	Yes	Yes	Yes, 1oz or less
West Virginia	Yes	No	No
Wisconsin	Low THC products only	No	No
Wyoming	Low THC products only	No	No

*amount listed may or may not entail civil penalties

**states that classify marijuana possession as a misdemeanor but do not include incarceration have been noted in the chart as not being decriminalized.

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