Marijuana regulations are rapidly changing, keeping both employers and lawmakers on their toes. With more states legalizing medical and recreational marijuana, what was once a clear-cut policy — zero tolerance — is now becoming increasingly complex.
A recent Gallup poll reported that 64% of Americans support legalization. Legal marijuana sales were predicted to reach $9.7 billion in North America last year, marking a 33% increase over 2016, according to cannabis industry analyst Arcview of Market Research.
This report also predicts that the legal cannabis market will grow 28% annually by 2021, as more states legalize marijuana for recreational use and today’s markets mature, as long as the federal government doesn’t crack down on state-legal cannabis.
Federal law: Marijuana remains a Schedule 1 drug and illegal under federal law.
OSHA: Still supports consistent drug testing and workplace safety measures.
States: Nine states and D.C. allow recreational use; 29 others permit medical marijuana.
This patchwork of regulations creates compliance challenges — particularly for multi-state employers.
Businesses have a duty to maintain a safe work environment. Historically, this meant employers could enforce zero-tolerance substance abuse policies, including drug testing. But with the rise of THC-infused edibles, vapes and oils (which eliminate the once-detectable odor), traditional detection methods may not reflect current impairment.
Can you still apply a consistent drug policy across all locations?
What if employees use cannabis products outside work hours in states where it’s legal?
How do you address safety concerns without violating evolving legal rights?
Continue enforcing your existing zero tolerance drug policy.
Follow the Drug-Free Workplace Act to remain contract eligible.
You may be required to accommodate use, similar to other prescribed medications.
Reasonable accommodations could include job reassignment or scheduling changes.
Consult legal counsel to evaluate risk and legal obligations.
Most legal experts agree: You can still restrict use and enforce on-the-job sobriety.
To stay compliant and minimize risk, take the following steps:
Clearly define substance use, abuse, and testing protocols.
Include how you’ll determine and act on reasonable suspicion.
Reinforce your commitment to non-discrimination and ADA compliance.
Consider oral swab technology with shorter detection windows for impairment.
Share the updated policy with all employees.
Train managers on impairment signs and enforcement procedures.
Marijuana laws are evolving—and so should your workplace policy. Axcet HR Solutions helps small and mid-sized businesses develop and enforce drug and alcohol policies that align with current regulations while prioritizing employee safety and business continuity.
Need help balancing compliance and clarity? Talk to an Axcet HR Consultant today »
.png){kind=logo}
Let us know what you think...