Tips on What Businesses Need to Know About Legalized Recreational Marijuana

The topic of marijuana in the workplace is of interest for businesses as more states pass laws allowing its recreational use. Contractors, safety directors, and HR departments are looking for information to stay ahead of the curve in updating their company policies and protecting their business and employees.

Because these laws are new, much is undetermined. One Illinois attorney explained to me, “At this point, there is no case law to interpret the statute.”

Still, a drug-free workplace is the law of the land, and no statute goes against having a drug-free policy. Even medical marijuana users are required to perform their work duties without being impaired.

As a company, it is important to become familiar with the laws in your state and update your policies to comply with those laws and your company’s tolerance for risk relating to its use.

• Seek advice from employment counsel for potentially risky discipline/termination or with difficult employees.
• Be aware of ADA/disability implications.
• Continually update your policy, practices, and training and be consistent in addressing similar situations.
• Avoid any discrimination.

It is important to educate employees on your company’s position regarding cannabis, including:

• A clearly stated drug and alcohol testing policy.
• Safety training and orientation on the dangers of impairment in the workplace.
• Addressing new policy updates with employees and receiving acknowledgment from them.

It is important to educate supervisors on policy changes and drug impairment. Some areas of education include:

• Proper training to identify reasonable suspicion (more training needs to be developed in this area to ensure employees’ rights are not violated).
• Addressing the company’s response to questions.
• Clarifying confidentiality of employee's/applicant’s medical nature who are registered to use medically and understanding the different safety and behavior concerns created by cannabis users.

Laws regarding cannabis use and the workplace will become more defined in the months and years ahead. It is wise for business owners to keep up to date and seek counsel as necessary to protect both their business and employees.