Several courts have ruled that employers can uphold workplace drug-free policies because marijuana violates federal law. However, some states have passed laws that prohibit discrimination against marijuana users. These laws do not require employers to permit drug use in the workplace or tolerate employees who report to work under the influence.
Even so, employers should proceed with care before taking adverse action against employees who are lawful marijuana users, particularly where the employee’s use occurs off-premises and outside of working hours. As in any corrective action, employers should carefully document the basis for their decision-making.
New York, New Mexico, and Virginia have joined the growing list of states to legalize adult use of recreational marijuana (see relevant state updates). With the continuing changes in marijuana legislation, it is important to keep managers informed about current laws and legal developments regarding marijuana laws at work. Please contact your FrankAdvice HR Consultant if you would like to review your current drug-free workplace policy.