Employers Must Understand Regulations Surrounding Marijuana Use in the Workplace

March 1, 2023

Employers Must Understand Regulations Surrounding Marijuana Use in the Workplace

The restriction against disciplining employees for the utilization of off-site marijuana has some important exceptions. These exceptions are applicable to certain big industries and job roles, as well as medicinal usage. It is important for employers to understand these exceptions in order to comply with the law and protect their employees.

Big Industries Excluded
The big industries that are excluded from the restriction against disciplining for the utilization of off-site marijuana include those in the hospitality, transportation, security and health care industries. Within these industries, certain job roles such as truck drivers, flight attendants, security guards and nurses, who are subject to drug testing, are also exempt from the restriction.

Workplace Cannabis Usage
When it comes to workplace cannabis usage, companies are not obligated to permit their staff to consume cannabis at the workplace. However, employers may conduct inspections of personnel if they have a sensible cause to think that a worker is under the influence while at work. This could include slurred speech, red eyes, or an inability to concentrate or complete tasks. Additionally, employers may prohibit their personnel from being in possession of marijuana on the job premises. This is because even though recreational marijuana is legal in many states, employers may still regulate it in the same way as other drugs or alcohol.

Medical Marijuana Usage
When it comes to medical marijuana usage, workers who use marijuana for medicinal reasons may be safeguarded by the Americans with Disabilities Act. This act supplies added protections and imposes extra requirements on the employer to permit marijuana use. Specifically, employers must make reasonable accommodations for disabled employees who use medical marijuana as part of their treatment plan. This is because medical marijuana can be used to treat symptoms of a disability.

Under the ADA, employers must provide reasonable accommodations for disabled employees which include allowing them to use medical marijuana outside of work hours. However, employers do not have to accommodate employees while they are actually at work under the influence of marijuana or any other drug or alcohol. Employers must take into consideration the safety of all employees and customers when making decisions about medical marijuana usage and accommodations.

Additionally, employers should be aware that there could be additional state or local laws that provide additional protections for medical marijuana users. Therefore, it is important for employers to consult an attorney and review applicable laws before making any decisions about disciplining for off-site marijuana use.

Overall, the restriction against disciplining for the utilization of off-site marijuana does have some important exceptions for certain big industries and job roles as well as for medical usage. Employers must take into consideration all applicable laws and regulations related to marijuana use in order to ensure compliance and protect their employees. In addition, employers should be aware that there could be additional state or local laws that provide additional protections for medical marijuana users and must consult an attorney before making any decisions about disciplining for off-site marijuana use.

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