The legalization of marijuana use is a trend that has swept
the nation and left a lot of employers scratching their heads. Marijuana usage
is legal in some capacity in at least 23 states. With 2015 sales tax totaling $135
million for Colorado alone, it is likely we will see other states considering
legalization in 2016. This has many employers trying to figure out how to adapt
to these changes in terms of their drug screening policy. You are one of the
employers affected by the legalization of marijuana if your company resides in
any of the states listed below.
States that have
legalized recreational marijuana use:
·
Alaska
·
Colorado
·
Oregon
·
Washington
States that have
legalized medical marijuana use:
·
Alaska
·
Arizona
·
California
·
Colorado
·
Connecticut
·
Delaware
·
Hawaii
·
Illinois
·
Maine
·
Maryland
·
Massachusetts
·
Michigan
·
Minnesota
·
Montana
·
Nevada
·
New Hampshire
·
New Jersey
·
New Mexico
·
New York
·
Oregon
·
Rhode Island
·
Vermont
·
Washington
With almost half of the United States allowing either medical or
recreational marijuana usage, employers are asking “Do I need to change my drug
screening policy to account for these local laws?” The short answer is no.
The precedent has been set by a Colorado Supreme court ruling from June
of last year that affirmed that businesses can fire employees for the use of
marijuana – even if the employee is off-duty. While the activity is legal under
state law, it is still not legal under federal law. This means that employers
in any of these states can still set their own policies on drug use, including
listing marijuana use as an offense subject to termination of employment.
So
for now, employers are free to continue drug testing for marijuana as a
pre-employment or post-employment measure. It will be interesting to see how
this issue develops over the course of the next few years. We will monitor any
new cases and legislation in order to update employers accordingly.
