Dazed And Confused: State-Legal Marijuana And The Drug-Free Workplace

Where cannabis is legal, employers can no longer drug test employees for THC, right? Wrong. For now.

In all 23 states and the District of Columbia where medical marijuana is legal (including the four states and D.C. where recreational marijuana is also legal), employers may drug test their employees and insist on a drug-free workplace. Few of the marijuana-friendly states require that employers accommodate employees who use cannabis, even if for medical use.

In other words, a zero-tolerance drug policy even for state-legal marijuana remains very much alive. But as state marijuana laws continue to evolve, firing employees for marijuana use is becoming increasingly complicated, especially for employers without clear workplace drug policies and especially when marijuana use takes place outside working hours and has no impact on job performance.

Employees in certain cannabis states have tried to fight back against zero-tolerance drug policies in the context of medical marijuana....

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