{"id":6709,"date":"2019-05-08T10:58:11","date_gmt":"2019-05-08T14:58:11","guid":{"rendered":"https:\/\/gtm.com\/business\/?p=6709"},"modified":"2024-08-30T11:11:04","modified_gmt":"2024-08-30T15:11:04","slug":"marijuana-laws-by-state","status":"publish","type":"post","link":"https:\/\/gtm.com\/business\/marijuana-laws-by-state\/","title":{"rendered":"Marijuana Laws by State: What Employers Need to Know"},"content":{"rendered":"

\"marijuanaWith medical and recreational marijuana use becoming legal in more states nationwide, you may be wondering what kind of drug-testing policy your business should have. The following guide to marijuana laws by state describes what obligations (if any) employers have regarding legal medical or recreational marijuana use.<\/p>\n

Please note that this is a rapidly changing area of law, and one where answers to many questions will not\u00a0exist\u00a0<\/em>until a court case has been tried on the precise issue.\u00a0<\/strong>We will do our best to keep the information below current, but much of these laws is being made through the court systems, and not all court decisions are widely reported (or reported at all).<\/p>\n

If you are planning to take a hard line with an employee, particularly one whom you believe to use marijuana for medical purposes, it\u2019s best to consult with a human resources advisor or employment attorney who practices in your state.<\/p>\n

A few things to keep in mind about\u00a0all<\/strong><\/em>\u00a0marijuana laws:<\/p>\n

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  1. No employer needs to tolerate an employee using marijuana on the job.<\/li>\n
  2. No employer needs to tolerate an employee being high on the job (as might result from smoking before work or during breaks).<\/li>\n
  3. Where the information below says that medical use must be \u201caccommodated\u201d it means an employer will have to ignore the fact that someone uses marijuana off-duty for medical purposes, could use marijuana off-duty for medical purposes, or has a positive drug test result for THC. It\u00a0does not<\/em>\u00a0mean they have to accommodate on-duty use or allow an employee to be high on the job.<\/li>\n
  4. Except for Maine, no state has to accommodate recreational use, even off-duty.<\/li>\n<\/ol>\n

    This list includes the types of marijuana use that are legal by state, and whether there are any explicit protections for employees related to use. For the purpose of this list, marijuana refers to a substance that includes THC and would result in a positive drug test.<\/p>\n

    Marijuana Laws by State<\/h3>\n