Hawaii - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*Marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.

Employer Concerns – Significant to Review

  • Hawaii protects the rights of employers to maintain zero-tolerance drug-free workplace policies specifically stating that, “medical marijuana is not authorized, (Hawaii Rev. Stat. 329-121 €(1)(B)) in the workplace of one’s employment.”
  • Hawaii has very specific drug testing laws with specific requirements about how drug testing is conducted. This will be important to an employer as he or she develops an operational response to employee use of marijuana. For example,
    • Written notice must be administered every time a drug test is conducted.

Testing

  • Hawaii has very specific drug testing laws with specific requirements about how drug testing is conducted.
  • Under Hawaii’s laws for drug testing, marijuana is to be on the panel and what constitutes a positive test mirrors the level established for federal employee testing (50 ng/ml).

Hiring/Termination

Discipline

Use/Possession

  • Cannot consume medical marijuana anywhere it can endanger another’s health, workplace, moving vehicle, public place, and more.
  • Smoking is permitted.
  • Patients who are registered for medical marijuana in another state can use marijuana when they visit Hawaii.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • Hawaii has very specific drug testing laws with specific requirements about how drug testing is conducted.
  • An employee will not qualify for unemployment benefits if he or she was discharged for misconduct due to unauthorized use of an intoxicant on the job.
  • No workers’ compensation will be allowed if the injury was incurred by the employee’s intoxication.

Sources

(e.g., Bill Number, Authority)
Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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