Texas - 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

  • Only low-THC (no greater than 0.5% THC) medical cannabis extract (CBD) is legal.
  • Texas law states that the low-THC is only allowed with a physician’s prescription (but prescriptions for cannabis are illegal under federal law).
  • Possession of cannabis flowers or CBD with THC that exceeds legal limits (0.5% THC) is a serious criminal offense.

Testing

Hiring/Termination

Discipline

Use/Possession

  • Smoking is prohibited.
  • Possession of flower cannabis or cannabis of greater than 0.5% THC by weight is a serious criminal offense.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • It is an offense for an employee to assist or attempt to defraud a drug test or its results.
  • Texas has a voluntary workers’ compensation and unemployment compensation law that, although not required, a complying employer has greater latitude to deny claims.
  • Employers subject to U.S. Department of Transportation (DOT) must report to the Texas Department of Transportation, certain drug program violations by employees subject to mandatory testing per DOT.
  • 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)
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