No Broad Laws
*In these states, 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.
Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.
What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.
Employer Concerns – Significant to Review
- Public and private employers must follow Vermont’s mandatory drug testing laws which are very detailed and stringent and include requirements, such as having an Employee Assistance Program, if an employer wants to do drug testing.
- Vermont prohibits random drug testing unless required under federal law.
- Employers are not required to accommodate use and may regulate or prohibit use and possession at the workplace.
- 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 (i.e., prohibits random testing).
- See Significant above.
- See Significant above.
- 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.
- Apply the Checklist of Impacting Issues for Employee Use of Marijuana 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. 21-649 – Workers’ compensation related
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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).