 There are currently twenty one states which have passed legislation to ensure workplace protections for medical cannabis users, meaning the employees cannot be discriminated or penalized for using medical cannabis when not working. There are also seven states which have similar legislation protecting users of recreational cannabis use, as well. California may soon be added to that list if the Governor signs the newly passed measure into law this month.
But despite the progress these states have made with employee workplace protection, many states do not have such provisions. In August, the Nevada State Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees from the off-duty use of lawful products, because marijuana is illegal under federal law. In 2015, Colorado’s Supreme Court ruled that because an employee’s cannabis use, while legal under state law, was still illegal under federal law, employees could be subject to employer discretion in these matters, because no state law specifically protects cannabis use during off hours from work. The court said, “If the Legislature meant to require employers to accommodate employees using recreational marijuana outside the workplace but who thereafter test positive at work, it would have done so. It did not.” So in the absence of clear state legislation saying otherwise, employees should still be aware that their off work use of cannabis could cause them to suffer consequences in their employment. This issue highlights the need for states to include workplace protection for cannabis users when legalizing cannabis within the states. This also highlights the greater need for overall federal legalization, which will remove this problem altogether. Comments are closed.
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