The proliferation of state “Compassionate Use” (medical marijuana) laws and the rights they convey to users have made it increasingly difficult for employers to strictly enforce drug-free workplace policies. This challenge for employers in turn has been exacerbated by the increase in the number of states that have enacted legalized adult use (recreational) marijuana laws containing explicit employment antidiscrimination protections.
As part of our effort to keep employers informed on the latest impactful changes in this ever-increasing compliance minefield, there have been two recent developments that we wanted to bring to your attention.
First, the New York State Department of Labor recently issued new workplace guidance related to what an employer can and cannot do with respect to an employee’s use of recreational marijuana offsite and off the clock. Second, we highlight a recent federal trial court’s decision that narrowly construes Pennsylvania’s medical marijuana statute by finding that it protects a medical marijuana user only from discrimination based on his or her status as a cardholder, and not from being fired for testing positive for marijuana.
Members of the Center for Workplace Compliance (CWC) can read more here.