Dealing with Marijuana Laws in the Workplace

Cannabis legalization has made things difficult when it comes to drug screening and dealing with employees that use pot.  Since the passing of the farm bill in 2018, many legal cannabis products have surfaced in the market.  But what happens when drug screening reveals that an employee has been using cannabis during off-duty hours?

Marijuana at Work

The main issue here is employees coming to work high. HR departments have a difficult task of ensuring all employees comply with the drug policies of the company.  However, it is essential to review what the state laws say about cannabis use and adjust policies accordingly.

In the past, testing positive for cannabis would warrant immediate firing. However, so much has changed over the last decade alone.  To avoid issues with employee unions, heads of HR should come up with clear regulations for managing marijuana use in the workplace.

What Does The Law Say?

Currently, medical marijuana is legal in 33 states and the District of Columbia.  Eleven states have also approved recreational marijuana. However, at the federal level, marijuana remains a schedule 1 drug that is illegal to use or possess.

Employees can be charged for marijuana use and possession under the ADA. Nevertheless, several states have already exercised their rights to legalize medical and recreational marijuana.  What’s more, there is an increasing base of studies that tout cannabis for various therapeutic and health benefits.

Medical Marijuana and How to Deal With It At Work

Medical marijuana is a real thing and the health benefits of cannabinoids range from chronic pain relief to treating mental health issues, sleep and gastrointestinal disorders, among others.  Since some states allow doctors to prescribe marijuana for various ailments, employees can justify their use.

For the HR department, the solution is to verify that the employee genuinely needs to use cannabis for a particular medical condition.  For instance, an employee may have been prescribed marijuana to alleviate chronic back pain instead of opioids to decrease the chance of addiction and allow the individual to better perform at work.  Because of such scenarios, HR teams must come up with ways to accommodate the workplace for medical marijuana.

What is the Solution?

There are a few solutions the HR department can implement to accommodate employees that genuinely need medical marijuana.  If the drug policy involves drug tests, simply exclude marijuana from the list of prohibited substances. Also, make sure the new policy is expressed to all employees.

Recreational marijuana should be treated like alcohol.  There is the right time to enjoy a glass of wine or beer.  As long as it is outside of work hours and the employee shows up to work sober, it shouldn’t be a concern, especially if the state laws accommodate recreational use.