Maijuana and the Workplace

February 8th, 2019

Marijuana & the Workplace
February 5, 2019  By Renee Cocchi

Did you ever think you would have to know what is and isn’t allowed when it comes to marijuana and the workplace?

Now that 35 states have laws that decriminalize marijuana in some form – medical or recreational use – chances are good you’re learning all you can on the subject. Find out what you know about marijuana use in the workplace by answering Trueor False to the following questions: 

1.       Since marijuana is now legalized for medical use in many states, you can’t ban its use at your workplace.

2.       You can’t make an employment offer that’s contingent on a negative drug test.

3.       If a worker uses medical marijuana under the guidance of a doctor, his or her marijuana use is protected by the Americans with Disabilities Act (ADA).

Answers to the quiz:
1.       False. Marijuana is still illegal on the federal level, and it’s against the law for any federal employee to use it. If you work for the Department of Transportation or are a federal contractor, then yes, you can ban the use. Also, employees in safety-sensitive positions aren’t allowed to be impaired whether by legal or illegal substances. For all others, you need to check your state law. However, even in states that have legalized medical marijuana, it’s still possible to ban or restrict its use.

2.       False. You can require job applicants to take a drug test and make hiring contingent on their passing the test. Just make sure you do it consistently for everyone.

3.       False. Federal law categorizes marijuana as an “illegal drug,” even when it comes to the ADA; therefore, its use isn’t protected.