Marijuana: how to handle your employees getting high

Rules on when and where citizens can use marijuana vary significantly between jurisdictions, and no unifying federal guidance is in sight. So, how do employers, particularly those in multiple states, deal with the dope dilemma?

Predicament

By now we’re all aware marijuana has been decriminalized in several states (Colorado, California, and New York to name a few), and their citizens may use the drug recreationally. Several more states have implemented statutory protections for medical marijuana use.

Most of the rest allow (1) cannabidiol (CBD), one of the many cannabinoids, or chemical compounds, found in marijuana or hemp, or (2) products low in tetrahydrocannabinol (THC), which is another compound found in the cannabis plant and its main psychoactive component. Only three holdout states have no public cannabis access program.

Policy

First, we recommend you have a written drug policy that has been reviewed by an employment lawyer from each state in which your company has employees. Laws in the employee’s home jurisdiction will generally prevail over those where the company headquarters are located. So, if your enterprise crosses borders, it’s important to complete the state-specific review.

Generally, so long as you can reasonably state the job requires sobriety to ensure safety, you are fine to have a policy prohibiting marijuana and other drug use. Safety-sensitive industries such as transportation or manufacturing are particularly safe bets for a drug-free workplace policy.