--- title: "Taboo Goes Up in Smoke: Medical Marijuana in the Workplace" description: Missouri voters approved Amendment 2. Employers should know their rights when it comes to medical marijuana in the workplace. image: https://blog.axcethr.com/hubfs/medical%20marijuana%20dec%206.jpg --- - [Client Portal](https://www.axcethr.com/client-services/) - [Employee Login](https://www.axcethr.com/client-services/) [![AxcetHR Solutions Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png)](https://www.axcethr.com/) - [About Us](https://www.axcethr.com/about-us/) - [Corporate Philantropy](https://www.axcethr.com/about-us/corporate-philanthropy/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Values and Culture](https://www.axcethr.com/about-us/values-and-culture/) - [Kansas PEO](https://www.axcethr.com/about-us/kansas-peo/) - [Missouri PEO](https://www.axcethr.com/about-us/missouri-peo/) - [Careers](https://axcethrsolutions.prismhr-hire.com/) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [Why Choose Axcet?](https://www.axcethr.com/why-axcet/) - [About PEOs](https://www.axcethr.com/why-axcet/about-peos/) - 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[Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [All about COVID-19 in the Workplace](https://blog.axcethr.com/topic/covid19) - [Kansas & Missouri HR News](https://blog.axcethr.com/topic/kansas-and-missouri-hr-news) - [Kansas City Interest News](https://blog.axcethr.com/topic/kansas-city-interest-news) - [PEO/HRO](https://blog.axcethr.com/topic/peo) - Choose Topic: - [Human Resources](https://blog.axcethr.com/topic/human-resources) - Payroll Administrations - [Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [PEO](https://blog.axcethr.com/topic/peo) # Taboo Goes Up in Smoke: Medical Marijuana in the Workplace By [Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/author/jeanette-coleman) on [Dec 06, 2018](https://blog.axcethr.com/taboo-goes-up-in-smoke-medical-marijuana-in-the-workplace) 4 min read [0 comment(s)](https://blog.axcethr.com/taboo-goes-up-in-smoke-medical-marijuana-in-the-workplace#comments-listing) Share this: - - - - [whatsapp://send?text=https://blog.axcethr.com/taboo-goes-up-in-smoke-medical-marijuana-in-the-workplace](whatsapp://send?text=https://blog.axcethr.com/taboo-goes-up-in-smoke-medical-marijuana-in-the-workplace) - [mailto:?subject=Taboo%20Goes%20Up%20in%20Smoke:%20Medical%20Marijuana%20in%20the%20Workplace&body=https://blog.axcethr.com/taboo-goes-up-in-smoke-medical-marijuana-in-the-workplace](mailto:?subject=Taboo%20Goes%20Up%20in%20Smoke:%20Medical%20Marijuana%20in%20the%20Workplace&body=https://blog.axcethr.com/taboo-goes-up-in-smoke-medical-marijuana-in-the-workplace) ![Taboo Goes Up in Smoke: Medical Marijuana in the Workplace](https://blog.axcethr.com/hs-fs/hubfs/medical%20marijuana%20dec%206.jpg?width=3000&name=medical%20marijuana%20dec%206.jpg) *updated: September 18, 2019* The new Missouri law, which will take effect January 1, 2020, will force employers throughout the state to reevaluate their workplace drug policies. Qualified patients who have approval from their physicians will receive identification cards from the Missouri Department of Health and Senior Services allowing them and their registered caregivers to grow up to six marijuana plants and purchase at least four ounces of cannabis from dispensaries each month. On November 6, 2018, Missouri became the 32nd state to legalize medical marijuana. Voters overwhelmingly passed a state constitutional amendment allowing the possession, use, purchase, and sale of pot for medicinal purposes. The list of ailments for which the new law allows medical marijuana use is broad and, to some extent, open-ended. Missouri doctors will be able to prescribe cannabis at their discretion for qualifying medical conditions and related side effects, including: - Cancer treatments - Epilepsy - Glaucoma - HIV - Intractable migraines - Any terminal illness - Chronic medical conditions, such as Crohn’s disease, autism, and Alzheimer’s disease - Psychiatric disorders, including post-traumatic stress disorder, among others ## Federal vs. State Laws There are instances, however, when state law will not apply. Because marijuana use – medical or recreational – remains illegal under the federal Controlled Substances Act, employees subject to Department of Transportation regulations, those working in safety-sensitive positions, and all federal contractors are prohibited from having the substance in their systems at any time, even if their physicians are willing and allowed by state law to prescribe marijuana to treat medical conditions. Employers in these fields may [terminate employees if they test positive for marijuana use](https://blog.axcethr.com/ask-the-expert-with-jeanette-coleman-marijuana-and-dot-regulations). [![What Employers Need to Know about Legal Marijuana in the Workplace](https://no-cache.hubspot.com/cta/default/2652187/973393d7-97cf-488b-9d26-6e35d4ca146c.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/973393d7-97cf-488b-9d26-6e35d4ca146c) Another federal law that comes into play is the Americans with Disabilities Act, which requires employers to provide reasonable accommodations to disabled employees and applicants. Until recently, federal and state courts consistently held that employers need not accommodate medical marijuana use under the ADA – even outside of working hours. But a new trend is developing: State courts increasingly are allowing employees to bring claims against employers for failing to reasonably accommodate their off-duty medical marijuana use, [making compliance with the new Missouri medical marijuana law murky](https://blog.axcethr.com/medical-marijuana-new-laws-in-missouri-create-questions-for-employers). Read more here, and note that President Trump’s candidates to replace the anti-marijuana, former Attorney General Jeff Sessions also are not considered advocates of legalizing pot use of any kind. ## Workplace Drug Policies and Testing While medical marijuana legalization is still new enough that it is unclear exactly how it will affect worker’s compensation and work environments, two things are certain: There are no state or federal laws that require employers to allow an employee to work in an impaired state or allow marijuana use in the workplace. If you are an employer in a state where some form of marijuana use is legal, revisit your workplace drug policies. A previous zero-tolerance stance toward marijuana may no longer be viable. Still, you have a duty to protect employees and customers by providing a safe and healthy work environment, meaning workplace drug policies must balance safety concerns with business needs. Before implementing a new or revised workplace drug policy, have legal counsel review it. For more drug policy tips from an Axcet HR management expert, read [Eight Things Employers Need to Know in the Era of Legal Marijuana.](https://blog.axcethr.com/eight-things-employers-need-to-know-in-the-era-of-legal-marijuana) Another consideration is whether you can and should continue an existing marijuana testing program in a state where marijuana use is legal. Laws permitting employers to test for marijuana use vary by state, so it’s important you understand and comply with your state’s specific testing requirements. [![New call-to-action](https://no-cache.hubspot.com/cta/default/2652187/ad264ad9-5421-46e0-a7b8-7a6fc0ccfbe6.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/ad264ad9-5421-46e0-a7b8-7a6fc0ccfbe6) To discipline or terminate an employee for workplace marijuana use, the burden is on the employer to prove an employee is impaired at work, and it can be difficult to detect marijuana intoxication, especially given that some methods of ingestion prevent the tell-tale odor once associated with the drug. For the questions, you should ask regarding if and how you test for marijuana use, read the Axcet HR blog post, [5 Questions to Ask When Testing Employees for Marijuana.](https://blog.axcethr.com/5-questions-to-ask-when-testing-employees-for-marijuana) ## Checklist for Employers It will likely be close to a year before Missouri issues the state’s first medical marijuana cards, but preparing now will help your company avoid future misunderstandings and issues. Implementing related new policies and procedures will help your employees and managers navigate their way through a changing workplace where marijuana is no longer taboo. Axcet HR Solutions recommends employers take the following steps: 1. **Review** drug policies; 2. **Train** managers how to identify employees who are impaired by marijuana; 3. **Educate** managers about handling accommodation requests; 4. **Determine** applicable DOT regulations; 5. **Take inventory** of any government contracts; and 6. **Consult** legal counsel. For more information, read the [questions the new Missouri medical marijuana law raises](https://blog.axcethr.com/medical-marijuana-new-laws-in-missouri-create-questions-for-employers) for employers in the state and how they can comply. ## **[![HR compliance services for small businesses from Axcet HR Solutions](https://no-cache.hubspot.com/cta/default/2652187/interactive-189255892628.png)](https://blog.axcethr.com/hs/cta/wi/redirect?encryptedPayload=AVxigLJxwuV%2F3Z9x1rAbYRQUNR%2BTD6cgMpnkbrof1cdFM3lS5%2FL9NUeBwNjldFNyJXxI0lJXYKEkZ86MMq%2B2WW8L%2BIB2GbIHWuFeITv69dNL1sOlUav3CUS2fGKodBx3h464gaRoOjGvP2QzzIoROGhcBRzhmPCan5E7z4Z6ohEOdL62YdH%2Bocx6EKocgh1DOJURPPRUsPRtnzZ2ITqUEhX7loCXRA1lR35wYWGpXnd15feV19d7QQI2bNrCHMv9azxXonlXhYk%2BV2jTInw4Bd2vChf0MSnuLw%3D%3D&webInteractiveContentId=189255892628&portalId=2652187)** ## **Navigating Medical Marijuana in the Workplace: Stay Compliant and Protect Your Business** As medical marijuana laws evolve, employers must balance legal compliance with workplace safety and productivity. While Missouri permits medical cannabis use, federal regulations—especially for safety-sensitive roles and federal contractors—still prohibit it. Developing clear, compliant policies is essential to mitigate risks and uphold a safe work environment.  **Need assistance crafting or updating your workplace drug policies?** Axcet HR Solutions' experts are here to help. Explore our [HR compliance services](https://www.axcethr.com/services/human-resources/hr-compliance-services/) to ensure your policies align with current laws and best practices. ## No Legal Advice The information and materials on this site are provided for informational purposes only. They do not necessarily represent the position or opinions of Axcet HR Solutions or its employees, and they do not constitute legal advice. You should consult with a qualified lawyer of your choice who is familiar with all of the facts of your situation before making a decision about any legal matter. [![New call-to-action](https://no-cache.hubspot.com/cta/default/2652187/bb8b8bf9-4a4b-4e3f-9d49-d92d1913a3f7.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/bb8b8bf9-4a4b-4e3f-9d49-d92d1913a3f7) [![Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/hs-fs/hubfs/Jeanette-04.jpg?width=80&height=80&name=Jeanette-04.jpg)](https://blog.axcethr.com/author/jeanette-coleman) Written by #### [Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/author/jeanette-coleman) Jeanette Coleman, SPHR, SHRM-SCP, is the Director of Human Resources at Axcet HR Solutions, where she has contributed her expertise for over 21 years. As a leader in the HR industry, she holds advanced certifications as a Senior Professional in Human Resources (SPHR) and SHRM-Senior Certified Professional (SHRM-SCP). Jeanette oversees HR strategy and operations, ensuring Axcet delivers exceptional HR services that help small and mid-sized businesses stay compliant and grow. With a Master’s degree in Human Resource Management from Keller Graduate School and a Bachelor of Science in Business Administration from Kansas State University, Jeanette is well-equipped to lead and support clients in navigating complex HR challenges. Throughout her 15-year tenure as Director of Human Resources, she has been instrumental in positioning Axcet as the Midwest’s largest and premier Professional Employer Organization (PEO). Her previous roles at Axcet include Director of Employee Benefits and Senior HR Consultant, where she gained extensive experience in HR outsourcing, and employee risk management. Jeanette’s expertise has been recognized through industry and regional publications. She co-authored the article “High-Touch in the Age of High-Tech: How PEOs Can Embrace AI Without Losing Their Humanity” (https://peoinsider.org/articles/high-touch-in-the-age-of-high-tech-how-peos-can-embrace-ai-without-losing-their-humanity/) for PEO Insider (March 2026), alongside Jo McClure, and was featured in Ingram’s Magazine in a Q&A (https://ingrams.com/article/qa-with-jeanette-coleman/) discussing generational change, technology, and workplace culture. These contributions reflect her perspective on balancing innovation with the human side of HR. Jeanette’s leadership reflects her deep commitment to helping businesses thrive through strategic, compliance-driven HR solutions. Through her writing, she shares insights on HR strategy, compliance, and best practices to help employers confidently manage their workforce. Published in: PEO Insider and Ingram's Read more [View all posts →](https://blog.axcethr.com/author/jeanette-coleman) ### Get HR Updates ### Table of Contents ### Related Resources - [services Human Resources](https://www.axcethr.com/services/human-resources/) - [services recruitment & retention](https://www.axcethr.com/services/human-resources/recruitment-and-retention/) #### [Axcet Helps Client Terminate a Dishonest Employee ![Axcet Helps Client Terminate a Dishonest Employee](https://blog.axcethr.com/hubfs/Stock%20images/business%20people%20group%20standing%20together%20as%20team%20by%20window%20%20in%20modern%20bright%20office%20interior.jpeg)](https://blog.axcethr.com/no-more-lies-and-no-litigation-axcet-helps-client-fire-a-dishonest-employee) #### [![Recovering from Disaster: 7 Steps for Protecting Your Business' Most Important Assets](https://blog.axcethr.com/hubfs/Stock%20images/Road%20To%20Recovery%20road%20sign%20with%20sun%20background.jpeg) Recovering from Disaster: 7 Steps for Protecting Your Business' Most Important Assets](https://blog.axcethr.com/recovering-from-disaster-7-steps-for-protecting-your-business-most-important-assets) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Jeanette Coleman, SPHR & SHRM-SCP", "url" : "https://blog.axcethr.com/author/jeanette-coleman" }, "dateModified" : "2025-05-02T19:38:35.740Z", "datePublished" : "2018-12-06T15:27:21.000Z", "headline" : "Taboo Goes Up in Smoke: Medical Marijuana in the Workplace", "image" : [ "https://blog.axcethr.com/hubfs/medical%20marijuana%20dec%206.jpg" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/taboo-goes-up-in-smoke-medical-marijuana-in-the-workplace", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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Qualified patients who have approval from their physicians will receive identification cards from the Missouri Department of Health and Senior Services allowing them and their registered caregivers to grow up to six marijuana plants and purchase at least four ounces of cannabis from dispensaries each month. On November 6, 2018, Missouri became the 32nd state to legalize medical marijuana. Voters overwhelmingly passed a state constitutional amendment allowing the possession, use, purchase, and sale of pot for medicinal purposes. The list of ailments for which the new law allows medical marijuana use is broad and, to some extent, open-ended. Missouri doctors will be able to prescribe cannabis at their discretion for qualifying medical conditions and related side effects, including: Cancer treatments Epilepsy Glaucoma HIV Intractable migraines Any terminal illness Chronic medical conditions, such as Crohn’s disease, autism, and Alzheimer’s disease Psychiatric disorders, including post-traumatic stress disorder, among others Federal vs. State Laws There are instances, however, when state law will not apply. Because marijuana use – medical or recreational – remains illegal under the federal Controlled Substances Act, employees subject to Department of Transportation regulations, those working in safety-sensitive positions, and all federal contractors are prohibited from having the substance in their systems at any time, even if their physicians are willing and allowed by state law to prescribe marijuana to treat medical conditions. Employers in these fields may terminate employees if they test positive for marijuana use. Another federal law that comes into play is the Americans with Disabilities Act, which requires employers to provide reasonable accommodations to disabled employees and applicants. Until recently, federal and state courts consistently held that employers need not accommodate medical marijuana use under the ADA – even outside of working hours. But a new trend is developing: State courts increasingly are allowing employees to bring claims against employers for failing to reasonably accommodate their off-duty medical marijuana use, making compliance with the new Missouri medical marijuana law murky. Read more here, and note that President Trump’s candidates to replace the anti-marijuana, former Attorney General Jeff Sessions also are not considered advocates of legalizing pot use of any kind. Workplace Drug Policies and Testing While medical marijuana legalization is still new enough that it is unclear exactly how it will affect worker’s compensation and work environments, two things are certain: There are no state or federal laws that require employers to allow an employee to work in an impaired state or allow marijuana use in the workplace. If you are an employer in a state where some form of marijuana use is legal, revisit your workplace drug policies. A previous zero-tolerance stance toward marijuana may no longer be viable. Still, you have a duty to protect employees and customers by providing a safe and healthy work environment, meaning workplace drug policies must balance safety concerns with business needs. Before implementing a new or revised workplace drug policy, have legal counsel review it. For more drug policy tips from an Axcet HR management expert, read Eight Things Employers Need to Know in the Era of Legal Marijuana. Another consideration is whether you can and should continue an existing marijuana testing program in a state where marijuana use is legal. Laws permitting employers to test for marijuana use vary by state, so it’s important you understand and comply with your state’s specific testing requirements. To discipline or terminate an employee for workplace marijuana use, the burden is on the employer to prove an employee is impaired at work, and it can be difficult to detect marijuana intoxication, especially given that some methods of ingestion prevent the tell-tale odor once associated with the drug. For the questions, you should ask regarding if and how you test for marijuana use, read the Axcet HR blog post, 5 Questions to Ask When Testing Employees for Marijuana. Checklist for Employers It will likely be close to a year before Missouri issues the state’s first medical marijuana cards, but preparing now will help your company avoid future misunderstandings and issues. Implementing related new policies and procedures will help your employees and managers navigate their way through a changing workplace where marijuana is no longer taboo. Axcet HR Solutions recommends employers take the following steps: Review drug policies; Train managers how to identify employees who are impaired by marijuana; Educate managers about handling accommodation requests; Determine applicable DOT regulations; Take inventory of any government contracts; and Consult legal counsel. For more information, read the questions the new Missouri medical marijuana law raises for employers in the state and how they can comply. Navigating Medical Marijuana in the Workplace: Stay Compliant and Protect Your Business As medical marijuana laws evolve, employers must balance legal compliance with workplace safety and productivity. While Missouri permits medical cannabis use, federal regulations—especially for safety-sensitive roles and federal contractors—still prohibit it. Developing clear, compliant policies is essential to mitigate risks and uphold a safe work environment. Need assistance crafting or updating your workplace drug policies? Axcet HR Solutions' experts are here to help. Explore our HR compliance services to ensure your policies align with current laws and best practices. No Legal Advice The information and materials on this site are provided for informational purposes only. They do not necessarily represent the position or opinions of Axcet HR Solutions or its employees, and they do not constitute legal advice. You should consult with a qualified lawyer of your choice who is familiar with all of the facts of your situation before making a decision about any legal matter.", "author" : { "@id" : "https://blog.axcethr.com/author/jeanette-coleman#author", "@type" : "Person", "name" : "Jeanette Coleman, SPHR & SHRM-SCP", "url" : "https://blog.axcethr.com/author/jeanette-coleman" }, "dateCreated" : "2018-12-06", "dateModified" : "2025-05-02", "datePublished" : "2018-12-06", "description" : "updated: September 18, 2019 The new Missouri law, which will take effect January 1, 2020, will force employers throughout the state to reevaluate their workplace drug policies. 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