F.A.Q

As of July 2023 – These 6 States remain silent regarding the need to accommodate medical marijuana cardholders in the workplace (no regulation or case law): Louisiana, Utah, North Dakota, Vermont, Maryland, and Hawaii. Drug testing for marijuana is permitted in these States.

As of July 2023 – These 12 States have regulations/case law explicitly stating that employers do not need to accommodate medical cannabis use in the workplace: Alaska, Oregon, Colorado, South Dakota, Ohio, Kentucky, West Virginia, Michigan, Mississippi, Alabama, Georgia, and Florida. Learn more about marijuana in the workplace: https://www.nationaldrugscreening.com/marijuana-in-the-workplace/

As of July 2023 – only New York, Minnesota, and Philadelphia employers and their agents who hire workers that are not in safety-sensitive or other regulated positions are prohibited from requiring prospective employees to submit to a marijuana test as a condition of employment. California and Washington State have laws that go into effect in […]

As of July 2023 – AK, AZ,CA, CO, CT, DC, IL, MA, MD, ME, MI, MO, MN, MT, NJ, NM, NV, NY, OR, RI, VA, VT, & WA have legalized marijuana for recreational use. Learn more about marijuana in the workplace: https://www.nationaldrugscreening.com/marijuana-in-the-workplace/

As of July 2023 – California, New Jersey, Montana, Rhode Island, & Washington DCpermit marijuana testing but prohibit adversely impacting employment due to a THC-positive test. Employers in these states should review their drug free workplace policies with regard to legalized marijuana. Learn more about marijuana in the workplace: https://www.nationaldrugscreening.com/marijuana-in-the-workplace/

With limited exceptions (DOT regulated employers), New York state’s law effectively prohibits cannabis testing of applicants (and all employees) regardless of safety-sensitive duties or positions. Learn more about marijuana in the workplace: https://www.nationaldrugscreening.com/marijuana-in-the-workplace/

Currently as July 2014, 20 states have laws that allow for the use of medical marijuana: Alaska Arizona California Colorado Connecticut Delaware Hawaii Illinois Maine Massachusetts Michigan Montana Nevada New Hampshire New Jersey New Mexico Oregon Rhode Island Vermont Washington

Employers need to make decisions on marijuana in the workplace.  How will your company handle medical marijuana?  Will you stop testing for marijuana or make accommodations for medical marijuana cardholders. It is advisable to have a company substance abuse (testing) policy that is clear and completely informs employees what the rules are of your workplace.  […]

– Medical Marijuana and Drug Free Workplace – Of course federal law still lists marijuana as a Schedule I drug, with no legal use; and courts around the country have upheld employer’s rights to have policies against hiring employees who smoke marijuana.   The Americans with Disabilities Act (ADA) does not require employers to allow […]

There’s no such thing as a prescription for marijuana because it’s not been approved by the U.S. Food and Drug Administration.  Individuals with one of the qualifying medical conditions under a States’ marijuana laws are given a recommendation for medical use by a certified physician.  Before firing anyone, employers should take a look at their […]

Yes, perhaps your employer can fire you for smoking medical marijuana or recreational marijuana.  If it is a DOT regulated test for your job as a transportation covered employee, you can be terminated for smoking medical marijuana or recreational marijuana.  In addition, several of the State laws specifically have language do not prohibit employers from […]

Yes, here you go: An employee of the Company who has been authorized by a licensed physician to use marijuana for medicinal purposes is permitted to do so in accordance with applicable laws, rules and regulations of their state of residence, provided such usage does not impair or otherwise impede his or her ability to […]