One other thing that happened on Election Day in November is that via ballot initiatives, voters in four more states (California, Maine, Massachusetts, and Nevada) legalized marijuana for recreational use, bringing the total states with such laws to eight, in addition to the District of Columbia. In addition, three more states (Arkansas, Florida, and North Dakota) adopted “compassionate use” laws permitting medical marijuana use, bringing the total to 28.
Although marijuana remains a controlled substance under federal law, state legalization for recreational or medical use can create potential conflicts with employers’ drug-free workplace policies. And while many of these state laws specifically address employer concerns, including some that explicitly disavow any kind of workplace accommodation requirements, others contain less protective language, or none at all.
To the extent that the courts have ruled so far on legal challenges regarding conflicts between an individual’s marijuana use and an employer’s drug-free workplace policy, they have continued to side with employers. With each new state marijuana legalization law, however, the potential for a ruling going the other way increases.
NT Lakis attorneys have created a guide summarizing the employment-related provisions of the seven new state laws approved by voters in November. In addition, we compiled a table of the 28 current state compassionate use laws and their key provisions, and a new table that contains the eight state recreational use laws.
Members of the Equal Employment Advisory Council (EEAC) can read more here.