Indiana - 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

  • Indiana has a low-THC law for hemp-derived CBD oil with specific labeling requirements and no more than .03% THC.
  • Patients diagnosed with treatment resistant epilepsy, can be registered for legal use of a substance containing cannabidiol defined as (Indiana House Enrolled Act 1148), “… contains: (1) not more than three-tenths percent (0.3%) total tetrahydrocannabinol (THC) by weight, including its precursors and derivatives; (2) at least five percent (5%) cannabidiol by weight; and (3) no other controlled substances.”
  • Indiana does not have a general drug testing law. However, some industries (i.e., childcare, contractor on public works contracts) have drug testing requirements that may include marijuana.

Testing

  • For certain industries (i.e., childcare, contractor on public works contracts) this state requires drug testing and may include testing for marijuana.

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • Impaired driving has zero-tolerance for THC and metabolites.
  • This state does not have a general drug testing law. However, some industries (i.e., childcare, contractor on public works contracts) have drug testing requirements that may include marijuana.
  • An employee discharged for just cause, including reporting to work or being under the influence at work or consuming at work, will not be eligible for unemployment benefits.
  • Workers’ compensation benefits are not allowed for an injury that is due to the employee’s intoxication.
  • Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)
  • Indiana HB 1148 – CBD related
  • Indiana SB 52 – CBD related
  • Indiana House Enrolled Act No. 1148 – Criminal law/Medical marijuana
  • Indiana Code 35-43-5-19 – Drug test interference related
  • Indiana Code 22-4-15-1 – Unemployment related
  • Indiana Code 22-3-2-8 – Workers’ compensation related
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).

Other States Marijuana Considerations