This information is provided for educational purposes only.  Reader retains full responsibility for the use of the information contained herein.

It’s no secret that marijuana (both recreational and medicinal) is gaining popularity amongst the general public.  With the rising popularity comes a more generalized acceptance of the drug, no matter how it might impact an individual or a setting.  As more states allow the drug for medical and recreational purposes, it’s becoming clear that the misalignment of state laws and federal regulations is coming to a head, and employers rights are at risk.

Although there is a legal precedent of protection for employers rights to drug test in the workplace, recent case law has ruled in favor of marijuana users and protections towards their rights as medical marijuana card holders.  States such as Maine have written into their laws that employers cannot fire employees or refuse to hire a potential employee solely based on a marijuana positive drug test.  For employers that are subject to federal regulations such as DOT mandated drug testing, this sort of laws creates confusion on which to follow – state law or federal regulation.  Most employers who face this confusion are, rightly, erring on the side of caution and following federal regulations, meaning no medical marijuana users are allowed to hold those positions.

Have questions about what is allowed now that medical and/or recreational marijuana has hit your state?   Contact the Current Consulting Group, LLC, at info@currentconsultinggroup.com for information on how we can help update your policy to reflect new laws, or subscribe to CurrentCompliance.org, the most comprehensive state law database in the industry.

(C) 2010-2018 The Current Consulting Group, LLC – No portion of this article may be reproduced, retransmitted, posted on a website or used in any manner without the written consent of the Current Consulting Group, LLC. When permission is granted to reproduce this article in any way full attribution to the author and copyright holder are required.

Leave a comment

Your email address will not be published. Required fields are marked *