Rules for employers: Employers are not obligated to accommodate medical or recreational marijuana usage in the workplace. Employers may terminate employees who test positive for marijuana, even if the usage was off-duty and for a legitimate medical reason with a valid medical marijuana card. Medical Marijuana Laws in Ohio
Does an employer have to accommodate medical cannabis use?
Recently, other courts have reached different conclusions. In Barbuto v. Advantage Sales and Marketing, LLC, the Massachusetts high court addressed whether an employer must accommodate medical cannabis use, since state law permits medical marijuana use and prohibits disability discrimination.
What are the legal protections for employees who use cannabis?
Depending on the situation, employees who use cannabis may or may not have legal protections. This general overview will focus on three areas: drug testing, the use of medical cannabis under state law, and recreational marijuana.
Can medical cannabis help reduce workers’ compensation claims?
In an interesting twist, a study published in the Health Economics journal found that in states with medical cannabis programs, there was a 7% decrease in workers’ compensation claims.
Can my employer legally take action against me for using cannabis?
However, casual or recreational drug or alcohol use is not considered a disability and does not have the same protections. Thus, aside from general privacy interests that may come into play, an employer may be permitted to take adverse action against an employee who uses cannabis recreationally, even on his or her own time.
How much does cannabis decrease workers compensation?
In an interesting twist, a study published in the Health Economics journal found that in states with medical cannabis programs, there was a 7% decrease in workers’ compensation claims.
What are the concerns of cannabis?
When it comes to employee cannabis consumption, one of the most common concerns among employers is safety, especially with jobs that involve driving, heavy machinery, or anything where there will be physical contact between the employee and a customer (i.e. physical therapist, nurse, doctor, chiropractor, masseuse, etc.).
What happens if an employee fails a drug test?
At one of these jobs, if the employee fails a random drug test they will either be disciplined or fired.
How much can you reduce your workers comp in Wisconsin?
In Wisconsin, for example, if an employee is injured in the workplace while intoxicated under any controlled substance, including cannabis and other prescription drugs, the employer can then reduce the workers’ comp indemnity benefits by 15%, with a maximum allowed reduction of $15,000. In Michigan, workplace injuries sustained while intoxicated ...
Is cannabis harmful to alcohol?
Are you a cannabis user? If you are, chances are you’ve lowered your alcohol consumption, replacing it with ‘less harmful’ cannabis. A new study by Kadence International reveals insights into the changing landscape of the cannabis usage in the US. The study, published this week in London, has found that 47% of cannabis users are … Continue reading
Is cannabis a workplace relationship?
Final thoughts. Whether you’re an employee or an employer, the cannabis-workplace relationship can be complicated. There is no one-size-fits-all approach, but the good news is that more and more states are implementing laws to protect cannabis uses from workplace discrimination.
Can you perform some tasks while high?
Some tasks are not OK to perform while high.”. Because it’s neighboring California, the largest cannabis market in the world, and home to many west coast transplants, people have had their eye on Arizona for the last few years.
What is a cannabis certification?
The Cannabis Regulatory Commission (Commission), in consultation with the Police Training Commission, shall prescribe standards in regulations for a Workplace Impairment Recognition Expert certification, to be issued to full- or part-time employees, or others contracted to perform services on behalf of an employer based on education and training in detecting and identifying an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents.
When does an employer consider an employee's ability to perform the employee's job responsibilities to be impaired?
An employer may consider an employee’s ability to perform the employee’s job responsibilities to be impaired when the employee manifests specific articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position.
What happens if an employer can demonstrate a provable adverse impact subject to the requirements of a federal contract
If an employer can demonstrate a provable adverse impact subject to the requirements of a federal contract, then the employer may revise their employee prohibitions consistent with federal law, rules, and regulations.
Can an employer refuse to hire a person?
No employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions, or other privileges of employment because that person does or does not smoke, vape, aerosolize or otherwise use cannabis items, and an employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee’s bodily fluid.
Can an employer require a drug test?
However, an employer may require an employee to undergo a drug test and use the results of the drug test when determining the appropriate employment action concerning the employee, including, but not limited to dismissal, suspension, demotion, or other disciplinary action.
Can you drive under the influence of marijuana?
Driving. Nothing in the statute is intended to allow driving under the influence of cannabis items or driving while impaired by cannabis items or to supersede laws related to driving under the influence of marijuana or cannabis items or driving while impaired by marijuana or cannabis items.
Can an employer take adverse action for intoxicating substances?
An employer may prohibit, or take adverse employment action for, the possession or use of intoxicating substances during work hours. Additionally, nothing in the law requires an employer to commit any act that would cause the employer to be in violation of federal law, that would result in a loss of a licensing-related benefit pursuant to federal law, or that would result in the loss of a federal contract or federal funding.
What is the drug free workplace act?
81) requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.
Which states have laws prohibiting discrimination on the basis of medical marijuana?
Connecticut, Illinois, Maine, and Rhode Island also have similar laws prohibiting discrimination on the basis of medical marijuana status. Court rulings are particularly important as many states have not specifically addressed employer concerns and questions regarding medical marijuana. In Barbuto v.
What drugs are tested for in a dot?
As previously mentioned, DOT required drug testing includes Marijuana, Cocaine metabolites, Phencyclidine, Opioids - codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone & hydromorphone and Amphetamines -amphetamine, methamphetamine, MDMA & MDA . There are some states that require employer drug testing programs to mirror the testing required by Federal Workplace Drug Testing programs as defined by SAMHSA or DOT testing – this is the same 5 panel with Opioids testing. Arkansas has a voluntary drug testing law and if an employer participates in this program the drug test must be the SAMHSA 5 panel test. In Montana, New Mexico and Kansas the testing panel must also be the SAMHSA panel. Several other states list specific drug panels that must be tested for and these usually include testing for marijuana. Depending on where you are located and what program you are following, it is import to make sure the policy matches what you are intending to do. Before making any changes to drug testing panels check with professionals for guidance about the legalities and your potential exposure to liability.
What states have drug free workplace programs?
Starting in the early nineties, states began implementing legislation to create state drug free workplace programs that when an employer participated, they would be eligible for a required discount from workers compensation insurance premiums. Alabama, Florida, Georgia, Kentucky and Ohio are among these states, there are approximately 8 other states with similar programs. Each of these states has unique statutes and rules for implementation of these programs. Some of these program require specific drug testing that may include marijuana. So again it is important to review the specific drug testing policy in your company in relation to the laws in your state and in relation to a specific program you are participating in. As an example the Kentucky program stipulates: Under this Policy, the Company shall test for drugs and alcohol, including but not limited to: a) Amphetamines b) Cannabanoids/THC c) Cocaine d) Opiates e) Phencyclidine (PCP) f) Benzodiazepines g) Propoxyphene h) Methaqualone i) Methadone j) Barbiturates k) Synthetic Narcotics l) Alcohol- A breath alcohol concentration of .04 shall be the maximum acceptance level of concentration. So in this case testing for marijuana would be required if participating in this program. In contrast the Florida program states: The policy must include a complete list of all of the drugs for which the employer will test, described by brand name or common name (if applicable), as well as by chemical name. The employer has the responsibility for choosing which drugs will be tested for in the testing procedures. Our interpretation of the Florida program would be that marijuana could be dropped from the drug testing panel as long as the policy stated this and listed the drugs that would be tested for.
What states have legalized medical marijuana?
What state you are in may determine how you structure your drug free workplace policy in regards to medical marijuana. California, Colorado, Michigan, Montana, Ohio, Oregon, and Washington have implemented a legal medical cannabis program that currently has no employee protections. Alaska, Hawaii, Maryland, Massachusetts, New Hampshire, New Mexico, Vermont, and Washington, D.C. are silent on employee protections so pay attention to court rulings. Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Minnesota, New York, Pennsylvania, and Rhode Island generally prohibit adverse action against an employee/applicant based on their status as a medical marijuana cardholder or participation in a medical marijuana program. On February 1, 2018, Maine became the first state to bar employers from testing applicants for marijuana. The Maine law also prevents employers from taking adverse action against off-work pot use. Some good news under current laws, employers in all 50 states do not have an obligation to accommodate an employee who is working while under the influence of medical marijuana, nor must they accommodate the use of medical marijuana by an employee while they are on-duty.
What to do if you have a policy that does not prohibit the use of a controlled substance illegal under Federal
Always seek the advice of an experienced employment attorney if you are going to have a policy that does not prohibit the use of a controlled substance illegal under Federal law. Always make sure state laws are considered and the specific situation of your company and the job functions in your company.
Is marijuana a controlled substance?
Marijuana, pot, hash and or weed is still considered a controlled substance due to it being illegal under federal law. Now is a good time to review our state by state guide to marijuana laws and considerations for employers in regard to workplace drug testing. It is complicated and there are many questions to consider.
Does Massachusetts have a dispensary?
State-licensed dispensaries sell cannabis in cities and towns across Massachusetts for medical purposes and increasingly for non-medical purposes as well. Depending on the situation, employees who use cannabis may or may not have legal protections. This general overview will focus on three areas: drug testing, the use of medical cannabis ...
Does an employer have to balance drug testing?
An employer’s drug testing program must also account for employees’ privacy rights. An employer’s business interests (such as the safety of its employees and protection of company property) must be balanced on a case-by-case basis against the employee’s interest in his or her privacy. In Webster v.
Can you test for marijuana in Massachusetts?
Because marijuana is illegal for federal purposes but legal under state law, it is unclear whether Massachusetts employers may test for marijuana even if they can test for other drugs; however, if there is a specific federal requirement to test for marijuana, such as for truck drivers, the federal law would govern.
Can an employer rely on zero tolerance drug testing?
In the absence of specific hardships, employers are expected to make accommodations as they would for any disability under the law. An employer cannot simply rely on a zero-tolerance drug testing regime, as the employer in Barbuto tried to do, because an exception to the zero-tolerance policy can be (and often will be) a reasonable accommodation. ...
Is recreational marijuana considered a disability?
In many ways, recreational marijuana is treated similarly to alcohol in terms of employees’ rights. Both alcoholism and drug addiction are considered disabilities, and employers are not permitted to discriminate against employees on the basis of those conditions.
Does medical marijuana have a state permit?
These protections are specific to the medical marijuana law: employees who informally use marijuana for medicinal purposes but do not have a state permit or buy from a medical dispensary may not have the same rights. There are very few protections for the recreational use of marijuana.
Does Massachusetts have a recreational marijuana law?
There are very few protections for the recreational use of marijuana. While there are laws in some states that protect employees for their off-the-job use of recreational marijuana, Massachusetts does not have such a law; indeed, the recreational marijuana law as it currently stands explicitly does not require employers to accommodate recreational ...
How long is cannabis class B?
Cannabis is listed as a class B substance, and possession carries a penalty of up to five years in prison, an unlimited fine or both. Supplying cannabis carries a penalty of up to 14 years in prison, an unlimited fine or both. Medicinal cannabis in the workplace.
Can you prescribe cannabis without a license?
Prior to 1 November 2018, cannabis products could not be lawfully prescribed except under licence or authority from the secretary of state. But in 2018 the government conducted a review of the legislation, prompted by several high-profile cases of young children suffering from severe epilepsy.