How cannabis legalization is changing the American workplace

By Andrew Ward

As many Americans begin their return to office life, the question of how cannabis fits into the equation is coming to a head again. The same applies to companies that work in a digital workplace.

In any case, sources say it’s high time to address employee marijuana use if they haven’t already. Cecile V. Munoz, president of US Executive Search and Consulting, told Benzinga that it’s never wise to keep workplace policies static.

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“They have to reflect the broader changing laws and to some degree the cultural ethos,” Munoz said.

Different regulations

Benzinga spoke to sources inside and outside the cannabis sector to better understand how cannabis fits into US jobs. Similar to marijuana itself, rules vary from state to state.

In many cases, the employer has the last word. Similar laws exist in the major adult cannabis and medical cannabis marketplaces, including Colorado and Florida. The scenario allows each company to create its own rules and protocols, a task that leaves many in the dark.

“I’m not going to lie, I had to look up the regulations governing the medical and adult use of cannabis on and off the job,” said James Eichner, CSO of Sana Packaging, a company that operates in Colorado, California and the United States is Washington. He added that the issue is a nuanced issue that companies both inside and outside of cannabis are struggling with.

Bryan J. Driscoll, an attorney and recruitment consultant, said that depending on the state, companies could potentially go as far as restricting after-hours cannabis use. On the other hand, some states may prohibit companies from asking if an employee has their medical card.

He added that customers in conservative states tend to avoid the topic at the moment. “In more advanced states, we have implemented policies that conform to state laws and are consistent with corporate culture and safety.”

An analysis by California NORML found that numerous U.S. cities and states have enacted some form of workplace antidiscrimination legislation for cannabis patients. States include:

Arizona

Arkansas

Connecticut

Delaware

Illinois

Maine

Maryland

Massachusetts

Minnesota

Montana

Nevada

New Jersey

New Mexico

new York

Oklahoma

Pennsylvania

Rhode Island

South Dakota

Vermont

Virginia

West Virginia

Workplace use rules vary in the cannabis sector, not so much elsewhere

Most companies prohibit consumption on weekdays, citing law and/or company opinion as the main reason. The rule applies to numerous cannabis careers and virtually all non-pot endeavors.

Opposing companies cite concerns such as reduced productivity and problems using heavy machinery. The same sentiment is often shared by leading cannabis brands.

“In our experience, the cannabis industry is not significantly different from most other industries that prohibit drug or alcohol use during work hours,” said Liesl Bernard, founder and CEO of cannabis staffing agency CannabizTeam.

RELATED: CDC Warns of Risks of Stoned Driving and Offers Policy Advice on Cannabis in the Workplace

She added that most customers don’t have policies for after-hours usage. The Cannabiz team does not permit cannabis use while at work, but accepts legal use outside of business hours and does not conduct drug testing.

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Plant-touching brands like Jushi Holdings Inc and C3 Industries tell Benzinga they support weed but don’t allow consumption at work.

“This decision is influenced by a desire to provide a safe workplace and also to comply with state and local laws and regulations,” said Nichole Upshaw, EVP of Jushi.

RELATED: An essential legal marijuana guide for US employers — here are the rules

“Even companies that aren’t heavily regulated have some sort of policy about intoxicating at work,” said Leslie Lemerand, vice president of people and culture at C3.

Others pushed back workday bans, instead citing employee performance as a metric.

“Everyone has a different relationship to and response to cannabis, and that needs to be taken into account,” Sana’s Eichner said, noting that cannabis may help some patients relieve medical symptoms and improve focus.

Much to consider in 2022 and beyond

Most say employers should tailor cannabis use in the workplace to suit the company, job functions, and state.

Both US Executive Munoz and HempStaff CEO James Yagielo suggested considering smoking and alcohol rules in the workplace.

Yagielo advises companies that use drug testing to transition to workplace bans like alcohol. “For more permissive companies, we see a shift towards cigarettes, where employees are allowed to take cannabis smoking breaks and consume during lunch hours.”

HempStaff enables daily consumption and scores cases based on staff performance. However, Munoz noted that “laws in smoke-free states like California and Connecticut are tightening restrictions that prohibit smoking in certain areas.”

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She added that remote work could further complicate issues if employees move to states where cannabis is legal while keeping their current jobs in illegal markets.

Kelsea Applebaum, Vangst’s vice president of partnerships, said she’s less concerned about on-site use and more focused on restrictive hiring policies like drug testing and prior offense flagging. “We all need to advocate for better politics and education in the markets we represent, so that cannabis is no longer taboo, but normalized.”

Driscoll, meanwhile, recommends consulting with team leadership to ensure policies are consistent with state law and organizational culture, adding that a dual focus can create competing interests, but: “With the right approach, organizations can align policies implement that works for them and their employees while ensuring compliance with their country laws.”

This article originally appeared on Benzinga and has been republished with permission.