Thanks to the ever-changing cannabis policies across States in the U.S, there has been a certain level of uncertainty in the relationships between employees, employers, and the legality of cannabis in workplaces. In recent months, the waters have gotten murky; meanwhile, the persistence of these uncertain legalities will contribute to making the waters darker.
States labor unions and departments are constantly changing the rules concerning cannabis in the workplace. Many employers are now confused about the right approach towards cannabis consumption by employees. Senior HR personnel are more or less in the dark concerning the current rules and regulations of cannabis consumption, and workers are bearing the brunt of this.
For employees who rely on cannabis-derived medications, there is a constant fear that employers could terminate employment or contracts using federal cannabis laws. While for others, the irregular and random drug tests, which surprise everyone, could also lead to employees being back on the labor market searching for another employer. Unfortunately, all parties involved—employers and employees—are usually left in the dark on updated cannabis policies in the workplace. This is the most critical reason why cannabis lovers have to take extra caution when consuming cannabis, regardless of whether or not the workplace is situated in a legal state.
The tricky issue of marijuana restrictions in workplaces is that every year, a new set of updated laws are released to the public. Employees and Employers most likely do not know where to look.
Important Insights On Workplace Policies
Firstly, not all states have complex laws and policies. It is entirely legal in states that have legalized recreational marijuana to use cannabis, but this does not mean you can use or consume the drug at the workplace. Colorado, Maine, Massachusetts, Alaska, Illinois, Arizona, Michigan, Connecticut, Oregon, New Mexico, Nevada, New Jersey, New York, Montana, Washington, Vermont, and Virginia.
Moreso, over thirty states have medical marijuana laws; however, most of these laws fail to make provisions for patients in workplaces. Dozens of employers are often confused on how to handle these employees or applicants and when to make exceptions.
According to a fresh set of updated laws, exceptions can be made if the state law explicitly provides protections for medical cannabis patients in workspaces. For Instance, New York and New Jersey cannabis laws emphasized that employers or companies must not discriminate against fresh applicants or workers who test positive in their cannabis drug test. Some states also add these protections but give employers the right to take action against employees who see under the influence of cannabis in the workspace—meaning that workers can only use it at home or in acceptable spaces—especially workers that are constantly on the move. The workplaces also have a right to prohibit the possession and distribution of cannabis within the premises.
It is essential to point out that employers would never permit the use, sales, or possession of drugs within the workplace. These exceptions are made for workers handling safety-sensitive positions in the workspace. For example, a commercial driver, a healthcare worker, a technician, heavy-duties workers, etc. For these workers, their employees have a reason to test regularly for marijuana. If a worker tests positive, they have a high risk of looking for a job due to the sensitivity of their positions at their companies.
Other Essential Caveats To Keep In Mind
Here is some other important information to note concerning cannabis in workspaces:
Going to work high off marijuana is a bad idea
The fact that some laws provide protections for cannabis users in workplaces does not mean workers should be careless about using marijuana. The workspace is a professional setting, and going to work under the influence of cannabis is a credible reason to have appointments terminated. Understandably, several situations could make an employee head off to work high, e.g., an overwhelming amount of responsibilities in the workplace or a lack of creativity and motivation to even head out at all. Whatever the reason may be, it is not worth the stress of searching for a new job.
It doesn't matter if you use cannabis before coming to the workplace or when you get to the workplace; the main point is that employers retain the right to fire workers who are observed to be working under the influence. Rather than depend on marijuana as a stress reliever in the workplace, it is best to look for another vice that cannot be countered in these professional areas.
Employers in non-legal states maintain zero tolerance
The federal law prohibits the use, sales, and possession of cannabis for any purpose. This is why employers can sack workers for using the banned substance on the job. Employers require 100% focus and performance input from their workplace, all of which are reduced by a high worker. Employers fire employees for cannabis use to prevent a decline in the workplace's output. Employers are only considerate when the employee has a medical marijuana card stating their prescription and ailment.
Will there ever be an end to random drug tests?
This depends on the approved policies as we advance. Jennifer Mora, an employment law attorney, stated that more strides would be made to support cannabis legislation this year across states and on a federal level. Employers are to remain vigilant if zero-tolerance is best for their companies. She suggested that it's high time employers reassessed their position on cannabis use.
According to the law attorney, the strict guidelines by some employers are costing them premium talents in such a streamlined labor market. She added that a positive random drug test result does not have to result in terminations or overly harsh punishments.
Bottom Line
The varying rules and regulations from states have done little to improve matters. In so many areas, the employer makes the final decisions on cannabis policies in their offices. Some even go as far as crafting their rules and protocols without letting the employees in on them. This topic is a nuanced issue that can be resolved with federal reforms that consider medical cannabis patients in workplaces.
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