Growing cannabis use, accommodation issues pose post-COVID challenges

The answer to the question of whether employers must accommodate marijuana use has evolved in recent years from “no, it’s illegal under federal law” to “it depends, based on the reason for use and the nature of the job.” Let’s look at the shifting legal challenges you face as the COVID-19 pandemic hopefully wanes and employees return to work.

How we got here

With more than 30 states having legalized cannabis in one form or another, employers have been revisiting their drug and alcohol policies. In recent years, many were conflicted as they hoped to attract and retain employees but also wanted to promote workplace safety and job performance standards. That was before the pandemic. As with many workplace issues, COVID-19 has complicated an already cloudy issue.

The coronavirus outbreak’s stressors have reportedly caused a spike in anxiety and depression. In addition, there has been a substantial increase in marijuana use. The growing availability of cannabis and the fact many employees were either out of work or working from home certainly contributed to the hike.

According to health professionals, many individuals dealing with anxiety and depression also have turned to cannabis for relief. As employees return to work and the drug becomes more popular as a medical treatment, employers will have to decide how they want to handle the issue.

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