Bongs on break? Cannabis with coffee?

Thanks to ever-changing cannabis policies across US states, there has been a degree of uncertainty in the relationships between workers, employers and the legality of cannabis in the workplace. In the last few months the water has become cloudy; In the meantime, the persistence of these uncertain laws will help darken the waters.

State unions and departments are constantly changing workplace cannabis regulations. Many employers are now confused about the proper way to manage employee cannabis use. Senior human resources departments are more or less in the dark about current cannabis use rules and regulations, and workers are bearing the brunt.

There is a constant concern among workers who rely on cannabis-derived medicines that employers may terminate employment or contracts under federal cannabis laws. For others, the infrequent and random drug testing that surprises everyone could also result in workers re-entering the workforce and looking for another employer. Unfortunately, all parties involved – employers and employees – are usually left in the dark about updated cannabis policies in the workplace. This is the number one reason why cannabis enthusiasts need to be extra careful when consuming cannabis, regardless of whether the workplace is in a legal state or not.

The tricky problem with workplace marijuana restrictions is that a new set of updated laws are released to the public every year. Employees and employers most likely do not know where to look.

Key insights into workplace policies

First, not all states have complex laws and policies. In states that have legalized recreational marijuana, it’s perfectly legal to use cannabis, but that doesn’t mean you can use or consume the drug in the workplace. Colorado, Maine, Massachusetts, Alaska, Illinois, Arizona, Michigan, Connecticut, Oregon, New Mexico, Nevada, New Jersey, New York, Montana, Washington, Vermont and Virginia.

What’s more, over thirty states have medical marijuana laws; However, most of these laws do not make provisions for patients in the workplace. Dozens of employers are often confused about how to deal with these workers or applicants and when to make exceptions.

Under a new set of updated laws, exceptions can be made where state law specifically provides protections for patients using medicinal cannabis in work areas. For example, the New York and New Jersey cannabis laws emphasized that employers or companies must not discriminate against new applicants or employees who test positive on their cannabis drug test. Some states add these protections but give employers the right to take action against workers who are under the influence of cannabis in the workplace – meaning workers can only use it at home or in acceptable spaces – particularly workers who are constantly on the way. Establishments also have the right to prohibit the possession and distribution of cannabis within the premises.

It is important to note that employers would never allow the use, sale or possession of drugs in the workplace. These exceptions apply to workers handling safety-sensitive positions in the work area. For example, a professional driver, healthcare worker, technician, heavy-duty worker, etc. For these workers, their employees have a reason to get regular marijuana testing. If a worker tests positive, they are at high risk of seeking employment due to the sensitivity of their positions in their companies.

Other important caveats to keep in mind

Here is some other important information to keep in mind regarding cannabis in workspaces:

Going to work high from marijuana is a bad idea

The fact that some laws provide protection for cannabis users in the workplace does not mean that workers should be complacent when using marijuana. The workplace is a professional environment, and going to work while under the influence of cannabis is a credible reason to cancel an appointment. Understandably, several situations can push an employee to work high, e.g. B. an overwhelming amount of responsibility in the workplace or a lack of creativity and motivation to even get started. Whatever the reason, it’s not worth looking for a new job.

It doesn’t matter if you use cannabis before you get to work or when you get to work; The most important point is that employers retain the right to fire workers who are found to be working under the influence of alcohol. Instead of relying on marijuana as a workplace stress reliever, it’s best to look for another vice that cannot be encountered in these professional fields.

Employers in non-constitutional states maintain zero tolerance

Federal law prohibits the use, sale, and possession of cannabis for any purpose. Because of this, employers can fire workers if they use the banned substance at work. Employers demand 100% concentration and performance input from their workplace, all of which are reduced by a high worker. Employers are firing employees for cannabis use to prevent a decline in job performance. Employers are considerate only if the worker has a medical marijuana ID card that details their prescription and medical condition.

Will there ever be an end to random drug testing?

This is subject to approved policies as we move forward. Jennifer Mora, an employment attorney, said more steps would be taken this year to support state and federal cannabis legislation. Employers need to remain vigilant when zero tolerance is best for their businesses. She suggested that it was high time employers reconsidered their position on cannabis use.

According to the lawyer, some employers’ strict policies are costing them top-notch talent in such a tight job market. She added that a positive random drug test result doesn’t have to result in terminations or overly harsh penalties.

bottom line

The different rules and regulations of the federal states have contributed little to the improvement. In so many areas, the employer makes the final cannabis policy decisions in their offices. Some even go so far as to create their rules and protocols without sharing them with employees. This issue is a nuanced issue that can be addressed with federal reforms that address patients using medicinal cannabis in the workplace.

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