{"id":8815,"date":"2021-08-17T17:46:14","date_gmt":"2021-08-17T17:46:14","guid":{"rendered":"https:\/\/affinityhrgroup.com\/?p=8815"},"modified":"2023-11-27T20:28:53","modified_gmt":"2023-11-27T20:28:53","slug":"legalized-marijuana-and-work","status":"publish","type":"post","link":"https:\/\/theworkplaceadvisors.com\/legalized-marijuana-and-work\/","title":{"rendered":"Legalized Marijuana and Work"},"content":{"rendered":"

Marijuana is now legal in some form in 35 states and Washington, D.C. with 7 additional states having decriminalized marijuana possession and 2 states legalizing CBD oil use. (You can find the current status of marijuana legality in your state <\/span>here<\/span><\/a>.) \u00a0 \u00a0 Many experts expect the continued expansion of legalization of various forms.\u00a0\u00a0<\/span><\/p>\n

Much like alcohol, no law requires employers to allow employees to use or be under the influence of marijuana at work. However, unlike alcohol, testing for the presence of marijuana presents a problem because it <\/span>can be detected<\/span><\/a> for much longer than a person experiences its side effects or symptoms.\u00a0<\/span><\/p>\n

So, what do you need to know and do as an employer?<\/span><\/p>\n

Know the laws in your state:<\/b>\u00a0<\/span><\/p>\n

Currently 18 states have legalized medicinal marijuana and 17 states and DC have fully legalized marijuana for medicinal and recreational purposes. Several states also have laws preventing employers from taking employment actions against employees for legal off-duty conduct.<\/span><\/p>\n

Understand the different uses:<\/b><\/p>\n

Recreational marijuana<\/span><\/i> can be used by adults (usually 21 years of age or older) in limited amounts as they wish.<\/span><\/p>\n

Medicinal marijuana<\/span><\/i> requires a prescription from a health care provider due to covered reasons, which vary state-to-state. By definition, an employee who has a prescription for its use has a condition which may be protected under the ADA and ADAAA.<\/span><\/p>\n

Cannabidiol (or CBD oil) <\/span><\/i>is oil derived from the cannabis plant which is used to relieve a long list of issues including pain and inflammation as well as anxiety and depression, migraines, MS, epilepsy, and Parkinson\u2019s disease. It does not cause mind-altering effects as those seen in marijuana. <\/span>\u00a0<\/span><\/i><\/p>\n

Learn common <\/b>side effects<\/b><\/a> and the <\/b>length of time<\/b><\/a> they are felt or observed:<\/b><\/p>\n

To have a better chance of recognizing if an employee is under the influence while at the workplace, you need to become familiar with common tell-tale signs including the stereotypical dilated pupils and odor of marijuana but also:<\/span><\/p>\n