Cannabis Legalization by State: What Employers Need to Know
Maryland and Missouri recently passed initiatives legalizing marijuana use for individuals over 21. Additionally, Colorado passed an initiative to legalize psychedelic plants and fungi for individuals over the age of 21.
Maryland voters also approved a state constitutional amendment that allows the use of cannabis by anyone over the age of 21 on or after July 1, 2023, which is subject to legislative approval from the General Assembly.
Missouri voters approved an amendment to the state constitution on medical marijuana and recreational marijuana.
The Missouri medical marijuana law permits nurse practitioners and doctors to recommend medical marijuana use to their patients. The medical marijuana law still prohibits legal claims against employers where employees are barred from being under the influence of marijuana while at work.
New provisions require employers not discriminate against medical marijuana users, however, unless failure to do so results in the loss of monetary or licensing-related benefits under federal law, or unless the person was under the influence of marijuana on the employer’s premises or during work hours.
The amendment to the Missouri constitution also permits the recreational use of marijuana by adults over 21. Employers are not required to permit the use of marijuana at work or on their property.
Employers are permitted to take adverse employment actions if a person is working while under the influence of marijuana. However, it is unclear whether employers may rely on positive drug test results for marijuana to prove an employee was under the influence.
The Missouri constitutional amendment will take effect Dec. 8, 2022.
Colorado’s ballot measure will decriminalize the use and possession of certain psychedelic plants and fungi as natural medicine. The state legalized the use of marijuana in 2012.
Arkansas, North Dakota, and South Dakota’s attempts to legalize marijuana for individuals over the age of 21 all failed.
While not each of these new laws specifically addresses workplace rights or prohibitions, employers in states like Maryland, Missouri, and Colorado that legalized marijuana are not required to permit/accommodate its use, consumption, or possession in the workplace.
Multi-state employers may find compliance with new state laws a daunting task. Employers should check the requirements in each operating jurisdiction and any industry, safety or licensing-specific requirements that affect drug policies and testing.
Source: