Vermont Marijuana Laws & Considerations

Marijuana is totally legal in Vermont. Employers in Vermont must follow strict mandatory drug testing laws which are very detailed and stringent. Written drug testing policies are highly recommended.

Medical Marijuana

Recreational Marijuana

Employer Concerns – Significant to Review

Public and private employers must follow Vermont’s mandatory drug testing laws which are very detailed and stringent. These laws include requirements, such as probable cause testing, required referral to rehabilitation for a positive test, and having an Employee Assistance Program or like service, if an employer wants to do drug testing. Employers in violation are subject to civil penalties.
Employers are not required to accommodate use and may regulate or prohibit use and possession at the workplace.
Employers are protected against suit by a terminated employee for violating a policy that restricts or prohibits employee use of marijuana. This would suggest that if an employer is doing permissible drug testing, and if a positive test is in violation of an established policy, the law would not prevent the employer from taking action – as long as consequences remain in compliance with the drug-testing laws.
An employee is not exempt from being arrested or prosecuted for using or being under the influence of marijuana while operating a motor vehicle, boat or other named vessels; in a workplace; or while operating heavy machinery or handling dangerous instruments.
Public and private employers must follow Vermont’s mandatory drug testing laws which are very detailed and stringent. These laws include requirements, such as probable cause testing, required referral to rehabilitation for a positive test, and having an Employee Assistance Program or like service, if an employer wants to do drug testing. Employers in violation are subject to civil penalties.

Testing

Public and private employers must follow Vermont’s mandatory drug testing laws which are very detailed and stringent (i.e., prohibits random testing).

Hiring/Termination

See Significant above.

Discipline

See Significant above.

Use/Possession

Smoking is permissible but not in any public place, including a workplace.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

There is no requirement for coverage or reimbursement by health insurers as defined in Vermont’s medical marijuana law, any insurance company regulated under Title 8, an employer, or workers’ compensation for medical marijuana or use of it.
Unemployment and workers’ compensation laws support denial of claims where intoxication is the cause.
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)

Vermont Stat. Ann. 18-4471 to 4474m – Medical marijuana
Vermont Stat. Ann. 21-5111-520 – Drug testing law
Vermont Stat. Ann. 21-1344 – Unemployment related
Vermont Stat. Ann. 21-649 – 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).

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