H.R. expert explains what companies need to know about employees’ marijuana use
Governor Scott just signed a bill making it legal to smoke marijuana recreationally in the state of Vermont. They join 8 states along with the District of Columbia which have adopted laws legalizing marijuana for recreational use. Many other states allow marijuana use in some form such as for medical purposes.
However, this raises a complicated issue for employers who want to regulate marijuana use around the workplace, without infringing on employees’ rights. How should employers proceed in 2018 in regards to the use of marijuana and marijuana intoxication on company grounds?
Rob Wilson, human resources and employment expert and President of Employco USA, says, “The federal government still classifies marijuana as a schedule 1 substance, which is the same class as heroin and ecstasy,” he says. “However, since many states now permit the use of marijuana, either medically or recreationally, this leads to very murky waters for employers, especially as some states prohibit the discrimination of employees with a medical marijuana card, while other states do not.”
So, what should an employer do to navigate this issue?
First, Wilson advises employers to get familiar with their state’s specific legislation. He also says, “If your employees are part of a collective bargaining unit, then it is likely that drug stipulations already exist, including specific limits for drug use. For example, in a recent case, an employee was found to be under the influence while on the job, but he claimed his medical marijuana card gave him permission to use while working. However, a drug test revealed that he was 10 times above his prescribed limit.”
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