Categories: Articles

So Your State has Legalized Marijuana

Has your state legalized marijuana for recreational or medical use? Or is it expected to do so? You may be wondering how the conflict between federal and state law will affect your ability to test your employees for marijuana and prohibit its use. Here are some insights into an evolving situation.

“It is still legal to test for marijuana in every jurisdiction,” says Nancy N. Delogu, a shareholder in the Washington, D.C. office of Littler Mendelson, the nation’s largest law firm defending employers in labor disputes (littler.com). “And it is still legal to decline to hire or employ workers who use marijuana for recreational purposes.”

One caveat, says Delogu: “If you don’t want to know if your employees are using marijuana, don’t test for it. Knowing that someone uses marijuana and failing to take steps to ensure that he or she doesn’t work while impaired could lead to liability if the employee does something that harms a third person.”

As for the medical use of marijuana, know your state law. “In a few states that ask employers to accommodate medical marijuana use, terminating the worker following a positive test without evidence of impairment could be risky,” says Delogu. “In New York, for example, if marijuana is being used for medicinal reasons the employer might have to determine whether it could accommodate that work in some way so as to permit effective work.” (Although, to date, no court has held that an employer must accommodate such use while federal law differs).

Learn How to Spot Impaired Workers: Employers Tackle Costly Drug Misuse

Finally, says Delogu, it is “absolutely and everywhere” allowable to terminate any employee who brings the marijuana substance into the workplace.

The insights above are provisional, so consult with your attorney about your own state and local legislation. “It’s important to know the current law in your jurisdiction and to watch for updates,” says Delogu. “This area of the law is very dynamic and changing all the time.”

Phillip M. Perry is an award-winning business journalist based in New York City. He covers management, employment law, finance, and marketing for scores of business magazines.

Phillip Perry

Recent Posts

Bernhard and Company backs launch of Soil Scout Grandmaster Program to champion turf industry leadership

Following its recent announcement introducing Soil Scout’s real-time underground monitoring technology to the Northern American…

4 days ago

Saadiyat Beach Golf Club hits new heights following successful redesign

Saadiyat Beach Golf Club is enjoying an outstanding period following the reopening of its enhanced…

4 days ago

Old Shores Breaks Ground On Tom Doak-Designed Golf Course And Introduces New Real Estate Offerings In Florida Panhandle

Michael Keiser, developer and owner of two of this year’s most anticipated course openings, today…

5 days ago

Two Brians, Silva & Johnson, form new Course Design Partnership

Veteran course architect Brian Silva has invited longtime colleague Brian Johnson to partner in a…

6 days ago

John Deere increases support of GCSAA Collegiate Turf Bowl

John Deere, longtime sponsor of the annual Collegiate Turf Bowl conducted by the Golf Course…

1 week ago

Q&A With a Golf & Nature Photographer: Making the Rounds – Part 44

This column features recollections of the author’s 38 years as a golf writer. These installments…

2 weeks ago