As of May 2019, ten states and Washington, D.C. have given the green light for the use of recreational marijuana for adults over the age of 21.
Employers should note that no state law forces employers to tolerate on-the-job use, however employers in Maine may have to accommodate lawful off-duty use of recreational marijuana unless the worker is in a regulated or safety sensitive position. With growing decriminalization of recreational marijuana use, organizations may consider adopting a policy regarding use of marijuana in the workplace, even in states where it is legal.
Maintaining a “drug-free workplace” policy may be appropriate, stipulating that employees can’t be under the influence at work. For specific information concerning the medical marijuana laws for each state in which your company operates, talk to your legal counsel.
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