We checked the books of all 50 states to see in case your boss can take a look at you for weed.
Office drug testing has been the bane of hashish customers’ existence because the Reagan administration began requiring federal workers to take THC assessments in 1986. The Warfare On Medicine disseminated weed testing necessities to employers throughout the nation inside a decade of the presidential directive. And at the moment, THC assessments are nonetheless commonplace in most workplaces throughout the nation.
However not like alcohol, a breathalyzer for cannabis doesn’t exist. Hashish can stay within the physique and present up on a urine take a look at for weeks after consumption, that means employers can’t show an worker was impaired on the job. Nonetheless, employers have selectively leveraged for many years in opposition to workers and candidates. Most states with legalized hashish for medical or grownup use nonetheless permit workplaces to make use of urine assessments as grounds for termination. In line with the US Bureau of Labor Statistics, plenty of federal industry establishments still drug test their employees.
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However 2022 has confirmed to be on the employees’ aspect, with each California and New Jersey passing laws and releasing new state pointers for the way employers can take a look at their present and potential workers for marijuana use. Briefly: A constructive take a look at alone is now not grounds for termination, and workers have grounds to enchantment wrongful firings.
Whereas these authorities efforts will defend employees of their respective states, most states nonetheless depart their hashish customers susceptible. We’ve compiled a listing of the states and their stances on office weed testing.
Alabama: Sure.
Alabama presently has no laws defending workers from termination or penalties for medical marijuana use. The law states:
“Nothing on this article shall be construed to forestall an employer from establishing affordable work guidelines associated to worker possession, use, sale, or solicitation of medication, together with convictions for drug-related offenses, and taking motion based mostly upon a violation of any of these guidelines.”
Alaska: Sure.
Alaska’s Restrictions On Medical Use of Marijuana (AS 17.37.040.) states that employers do not need to guard or accommodate medical hashish sufferers.
AS 17.38 (7-25-18) Chapter 17.38 provides that “nothing on this chapter is meant to require an employer to allow or accommodate the use, consumptions, possession, switch, show, transportation, sale, or rising of marijuana within the office or to have an effect on the flexibility of employers to have insurance policies limiting the usage of marijuana by workers.
Arizona: No.
Arizona’s Title 36. Public Health and Safety Revised Statute § 36-2813 protects cardholder MMJ sufferers and stipulates that “A registered qualifying affected person’s constructive drug take a look at for marijuana parts or metabolites, until the affected person used, possessed or was impaired by marijuana on the premises of the place of employment or in the course of the hours of employment.”
In line with, A.R.S. § 23-493.05, “An employer could take adversarial employment motion based mostly on a constructive drug take a look at or alcohol impairment take a look at.”
This doesn’t lengthen to adult-use customers, and the The Arizona Drug Testing of Employees Act does allow employers to restrict which positions medical sufferers can maintain.
Arkansas: No.
Arkansas’ medical hashish invoice has a bit known as Drug Free Workplace, which states: “Though the usage of marijuana is prohibited whereas an applicant or worker is on DFA Property or throughout working hours, DFA could not discriminate in opposition to a job applicant or worker in hiring, termination, or any time period or situation of employment, or in any other case penalize an Applicant or Worker, based mostly on the applicant’s previous or current standing as a Qualifying Affected person or designated caregiver, the person who assists the affected person with ingesting the marijuana.”
California: No.
California lately handed AB-2188 Discrimination in employment: Use of cannabis in September, which prohibits emplyers from pre-employment drug testing.
Colorado: Sure.
Colorado presently has no legislation in place to guard MMJ sufferers or leisure hashish customers from office drug testing and penalties for utilizing hashish, even off-duty.
In line with Colorado Constitution of 1876 Art. XVIII, § 16. Personal use and regulation of marijuana: “Nothing on this part is meant to require an employer to allow or accommodate the use, consumption, possession, switch, show, transportation, sale or rising of marijuana within the office or to have an effect on the flexibility of employers to have insurance policies limiting the usage of marijuana by workers.”
Connecticut: No.
Listed here are the state legal guidelines that defend employees in Connecticut from hashish testing:
- Sec. 31-51t. Drug testing states: No employer could decide an worker’s eligibility for promotion, further compensation, switch, termination, disciplinary or different adversarial personnel motion solely on the idea of a constructive urinalysis drug take a look at outcome, although there are some exceptions.
- Sec. 31-51v. Drug testing: Potential workers. No employer could require a potential worker to undergo a urinalysis drug take a look at as a part of the appliance process for employment with such employer until (1) the possible worker is knowledgeable in writing on the time of software of the employer’s intent to conduct such a drug take a look at, (2) such take a look at is performed in accordance with the necessities of subdivisions (1) and (2) of subsection (a) of part 31-51u and (3) the possible worker is given a duplicate of any constructive urinalysis drug take a look at outcome.
Delaware: No.
Delaware’s medical sufferers have worker protections from weed assessments.
The Delaware Medical Marijuana Act provides medical marijuana sufferers safety from hiring and terminating discrimination merely based mostly on a constructive drug take a look at, “Except a failure to take action would trigger the employer to lose a financial or licensing-related profit beneath federal legislation or federal laws, an employer could not discriminate in opposition to an individual in hiring, termination, or any time period or situation of employment, or in any other case penalize an individual, if the discrimination relies upon both the individual’s standing as a cardholder, or a registered qualifying affected person’s constructive drug take a look at for marijuana parts or metabolites, until the affected person used, possessed, or was impaired by marijuana on the premises of the place of employment or in the course of the hours of employment.”
Washington D.C.: Type of.
The nation’s capital is hard. D.C. does have protections in place for medical marijuana sufferers, however there are exceptions “if compliance would trigger the company to commit a violation of a federal legislation, regulation, contract, or funding settlement.” DC sits on federal land and the federal authorities offers a big share of employment alternatives. So whereas DC banned pre-employment testing this year, most of the District’s workers nonetheless face hashish assessments.
- (a)(1) However every other provision of legislation and besides as supplied in subsection
- (b) of this part, an company could not refuse to rent, terminate from employment, penalize, fail to advertise, or in any other case take adversarial employment motion in opposition to a person based mostly upon the person’s standing as a qualifying affected person until the person used, possessed, or was impaired by marijuana on the particular person’s place of employment or throughout the person’s hours of employment.”
Washington D.C.’s hashish testing legal guidelines additionally state that “a qualifying affected person’s failure to move an agency-administered drug take a look at for marijuana parts or metabolites will not be used as a foundation for employment-related choices until affordable suspicion exists that the qualifying affected person was impaired by or used marijuana on the qualifying affected person’s place of employment or in the course of the qualifying affected person’s hours of employment.”
Florida: Sure.
Employers in Florida have the fitting to make use of pre- and post-employment drug testing as grounds for not hiring or firing workers—together with for hashish—whatever the worker’s MMJ affected person standing.
Employers in Florida have the fitting to make use of pre- and post-employment drug testing as grounds for not hiring or firing workers—together with for hashish—whatever the worker’s MMJ affected person standing. See Section 381.986 – Medical use of marijuana and 440.102 Drug-free workplace program requirements of Florida legislation for the complete rundown.
Georgia: Sure.
All of Georgia’s hashish legal guidelines are rubbish! The state has solely legalized possession of low-THC oil for medical sufferers. The legislation, HB 1:Haleigh’s Hope Act, consists of no worker protections:
“f) Nothing on this article shall require an employer to allow or accommodate the use, consumption, possession, switch, show, transportation, sale, or rising of marijuana in any type, or to have an effect on the flexibility of an employer to have a written zero tolerance coverage prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any worker from having a detectable quantity of marijuana in such worker’s system whereas at work.”
Hawaii: Sure.
Whereas Hawaii legalized medical marijuana in 2000, the state has made no worker protections for card-carrying MMJ candidates or present workers who use hashish. Employers can use a constructive drug take a look at for termination.
Right here’s the legislation: §329-122 Medical use of cannabis; conditions of use.
Idaho: Sure.
With regards to hashish testing, Idaho stinks, massive time. No medical or authorized weed and completely no protections for workers. The IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT states:
“Nothing herein prohibits an employer from utilizing the outcomes of a drug or alcohol take a look at performed by a 3rd occasion together with, however not restricted to, legislation enforcement companies, hospitals, and so forth., as the idea for figuring out whether or not an worker has dedicated misconduct.”
Illinois: It relies upon.
Workers in Illinois who use hashish have discrimination protections, however there are exceptions, reminiscent of nonprofits.
In line with the 820 ILCS 55/) Right to Privacy in the Workplace Act.:
“Besides as in any other case particularly supplied by legislation, together with Part 10-50 of the Hashish Regulation and Tax Act, and besides as supplied in subsections (b) and (c) of this Part, it shall be illegal for an employer to refuse to rent or to discharge any particular person, or in any other case drawback any particular person, with respect to compensation, phrases, circumstances or privileges of employment as a result of the person makes use of lawful merchandise off the premises of the employer throughout nonworking and non-call hours.”
Per the Cannabis Regulation and Tax Act:
“(a) Nothing on this Act shall prohibit an employer from adopting affordable zero tolerance or drug free office insurance policies, or employment insurance policies regarding drug testing, smoking, consumption, storage, or use of hashish within the office or whereas on name supplied that the coverage is utilized in a nondiscriminatory method.”
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Indiana: Sure.
Indiana has no specific statutes on drug testing, nor any legislation for medical marijuana or rec cannabis. CBD oil possession is allowed, but workers are not protected. Employers can use constructive marijuana assessments as grounds for termination or not hiring.
Iowa: Sure.
Iowa solely permits the usage of low-THC hashish oil, however makes no exceptions or protections for workers.
Iowa’s 730.5 Private sector drug-free workplaces legislation states: “Employers retain the fitting of “testing or taking motion in opposition to an worker or potential worker with a confirmed constructive take a look at outcome as a result of worker’s or potential worker’s use of medical cannabidiol as licensed beneath chapter 124E.”
Kansas: Sure.
Kansas has no legislation for medical marijuana or leisure hashish, and no statutes that specify how employers ought to conduct office drug testing. Because it’s unlawful, employers could use a constructive take a look at for hashish for disciplinary motion or termination. CBD with none THC is allowed.
Kentucky: Sure.
Kentucky prohibits each medical marijuana and leisure hashish.
The state’s Drug Free Workplace policy states that “The correct use of managed or over-the counter medication as a part of a prescribed remedy program of the person doesn’t represent, by the very fact alone, a violation of the Coverage, however it might be essential for an worker’s supervisor to remember such use is going on so as to decide job task. Such use could present a foundation for reassignment, a depart of absence or termination due to medical causes. An worker present process prescribed medical remedy with a managed medicine that would impair his/her bodily, psychological or emotional schools should instantly report this remedy to his/her supervisor.” However cannabinoids and THC are a part of the record, and can possible result in termination or non-hiring.
Louisiana: Not for lengthy.
In June 2022, the Louisiana State Senate handed “a invoice supposed to guard state workers from” hashish testing-based work discrimination.
The brand new legislation was signed by Gov. John Bell Edwards (D) and proposed by Rep. Mandie Landry (D). The legislation states that no state employer “shall topic an worker or potential worker to adverse employment penalties” for a constructive THC take a look at outcome, allowing they’re a registered medical hashish affected person with a suggestion from a licensed doctor.”
Maine: No.
Maine has each medical marijuana and rec hashish. Workers and candidates who use hashish for medical marijuana have protections for off-duty hashish use, and a positive drug test can’t be the sole reason for non-hiring or firing. Many employers have stopped testing employees and applicants for cannabis.
Maryland: Maryland has medical marijuana, and should quickly have leisure hashish based mostly on outcomes from Nov. 2022 elections. Nonetheless, Maryland Medical Cannabis Commission says: “Maryland legislation doesn’t forestall an employer from testing to be used of hashish (for any cause) or taking motion in opposition to an worker who assessments constructive to be used of hashish (for any cause).”
Maryland: Sure.
Maryland has no present protections, however a brand new invoice is presently being thought of by lawmakers within the state. HB 628 “Employees’ Compensation and Office Discrimination – Use of Medical Hashish” goals to deal with the matter.
Massachusetts: Sure.
Massachusetts has medical marijuana and grownup use. The legislation doesn’t supply protections for hashish customers from their employers.
In line with the The Regulation Aand Taxation Of Marijuana Act, “employment. This chapter shall not require an employer to allow or accommodate conduct in any other case allowed by this chapter within the office and shall not have an effect on the authority of employers to enact and implement office insurance policies limiting the consumption of marijuana by workers.
The legislation does disqualify “negligent conduct” attributable to impairment, including, “this chapter shall not amend current penalties for conduct involving the efficiency of any process whereas impaired by marijuana that will represent negligence or skilled malpractice and shall not forestall the imposition of any civil, prison or different penalty for such conduct.”
However, per Nolo: “An worker who makes use of medical marijuana to deal with a incapacity is entitled to affordable lodging beneath the state incapacity discrimination legislation.”
Michigan: Sure.
Michigan has each medical and leisure hashish, however no legislation or statute defending employees who use hashish type drug testing or adversarial motion.
In line with the “Michigan Regulation And Taxation Of Marihuana Act, “This act doesn’t require an employer to allow or accommodate conduct in any other case allowed by this act in any office or on the employer’s property. This act doesn’t prohibit an employer from disciplining an worker for violation of a office drug coverage or for working whereas beneath the affect of marihuana. This act doesn’t forestall an employer from refusing to rent, discharging, disciplining, or in any other case taking an adversarial employment motion in opposition to an individual with respect to rent, tenure, phrases, circumstances, or privileges of employment due to that individual’s violation of a office drug coverage or as a result of that individual was working whereas beneath the affect of marihuana.”
Minnesota: Sure.
Minnesota solely has medical marijuana, however sufferers have some protections. Right here’s the complete legislation, SF 2470, which states:
“(c) Except a failure to take action would violate federal legislation or laws or trigger an employer to lose a financial or licensing-related profit beneath federal legislation or laws, an employer could not discriminate in opposition to an individual in hiring, termination, or any time period or situation of employment, or in any other case penalize an individual, if the discrimination relies upon both of the next: (1) the individual’s standing as a affected person enrolled within the registry program beneath sections 152.22 to 152.37; or (2) a affected person’s constructive drug take a look at for hashish parts or metabolites, until the affected person used, possessed, or was impaired by medical hashish on the premises of the place of employment or in the course of the hours of employment. Or, (d) An worker who’s required to endure employer drug testing pursuant to part 181.953 could current verification of enrollment within the affected person registry as a part of the worker’s clarification beneath part 181.953, subdivision 6.”
Mississippi: Sure.
No authorized weed but, however medical marijuana is on the way in which. And the invoice has no worker protections. In line with SENATE BILL NO. 2095, “This chapter shall not be construed to do any of the next:
- (b) Require any employer to allow, accommodate, or permit the medical use of medical hashish, or to switch any job or working circumstances of any worker who engages within the medical use of medical hashish or who for any cause seeks to have interaction within the medical use of medical hashish;
- (c) Prohibit any employer from refusing to rent, discharging, disciplining, or in any other case taking an adversarial employment motion in opposition to a person with respect to hiring, discharging, tenure, phrases, circumstances, or privileges of employment consequently, in complete or partially, of that particular person’s medical use of medical hashish, whatever the particular person’s impairment or lack of impairment ensuing from the medical use of medical hashish;
- (d) Prohibit or restrict the flexibility of any employer from establishing or imposing a drug-testing coverage.”
Missouri: Sure.
Missouri had medical marijuana however no grownup use (on the poll for Nov 2022)The Home tried to introduce a invoice in 2020, HB 2674, to forestall discrinimation in opposition to medical marijuana sufferers at work, but it surely has not handed. No office drug testing protections for workers who use hashish.
Montana: No.
Montana carried out worker protections for individuals who use hashish off-duty on Jan.1, 2022. Some exceptions, reminiscent of nonprofits, apply, however workers who use hashish off-duty have discrimination protections.
Per Montana’s HB 701:“Besides as supplied in subsections (3) and (4), an employer could not refuse to make use of or license and should not discriminate in opposition to a person with respect to compensation, promotion, or the phrases, circumstances, or privileges of employment as a result of the person legally makes use of a lawful product off the employer’s premises throughout nonworking hours.”
Nebraska: Sure.
No types of authorized weed in Nebraska, and employers aren’t required to drug take a look at their workers. No laws specifies protections for hashish customers. However their drug testing legal guidelines (Nebraska Revised Statute 48-1903) state:
“Any outcomes of any take a look at carried out on the physique fluid or breath specimen of an worker, as directed by the employer, to find out the presence of medication or alcohol shall not be used to disclaim any continued employment or in any disciplinary or administrative motion until the next necessities are met.”
These necessities embody: “(1) A constructive discovering of medication by preliminary screening procedures has been subsequently confirmed by gasoline chromatography-mass spectrometry or different scientific testing approach which has been or could also be authorized by the division; and “(2) A constructive discovering of alcohol by preliminary screening procedures is subsequently confirmed by both:
- (a) Gasoline chromatography with a flame ionization detector or different scientific testing approach which has been or could also be authorized by the division; or
- (b) A breath-testing machine operated by a breath-testing-device operator. Nothing on this subdivision shall be construed to preclude an worker from instantly requesting additional affirmation of any breath-testing outcomes by a blood pattern if the worker voluntarily submits to provide a blood pattern taken by certified medical personnel in accordance with the principles and laws adopted and promulgated by the division. If the confirmatory blood take a look at outcomes don’t verify a violation of the employer’s work guidelines, any disciplinary or administrative motion shall be rescinded. Aside from a confirmatory breath take a look at as supplied in subdivision (2)(b) of this part, all confirmatory assessments shall be carried out by a clinic, hospital, or laboratory which is licensed pursuant to the federal Medical Laboratories Enchancment Act of 1967, 42 U.S.C. 263a.
Nevada: No.
Nevada has each medical marijuana and grownup use hashish legal guidelines. Candidates and workers have protections from ramifications for testing constructive for hashish:
Nevada’s legislation (NRS 613.333) states that “it’s an illegal employment apply for an employer to:
- (a) Fail or refuse to rent a potential worker
- (b) Discharge or in any other case discriminate in opposition to any worker regarding the worker’s compensation, phrases, circumstances or privileges of employment, as a result of the worker engages within the lawful use on this state of any product exterior the premises of the employer in the course of the worker’s nonworking hours, if that use doesn’t adversely have an effect on the worker’s skill to carry out his or her job or the security of different workers.”
However the adult-use law doesn’t forestall “a public or personal employer from sustaining, enacting and imposing a office coverage prohibiting or limiting actions or conduct in any other case permitted beneath this chapter”
New Hampshire: Not medical sufferers.
New Hampshire has authorized medical marijuana, however no grownup use. Medical marijuana sufferers have protections:
The legislation, HB573, states, “until a failure to take action would represent a violation of federal legislation or federal laws, an employer shall not discriminate in opposition to a person in hiring, termination, or any time period or situation of employment, or in any other case penalize a person, based mostly upon both of the next: (1) The person’s standing as a registered qualifying affected person or registered designated caregiver; or (2) A registered qualifying affected person’s constructive drug take a look at for marijuana parts or metabolites, until the affected person used or possessed, or was beneath the affect of or impaired by marijuana on the premises of the place of employment. For functions of this chapter, “impaired” consists of however is just not restricted to cases the place the registered qualifying affected person is just not in a position to safely carry out important job duties.”
New Jersey: No.
Per Leafly :The New Jersey Hashish Regulatory Fee (CRC) authorized momentary pointers for Workplace Impairment Guidance, which prohibit employers from terminating workers merely for testing constructive for hashish on conventional drug assessments.
To any extent further, employers should “doc proof/proof of impairment within the office to assist the usage of a drug take a look at to verify affordable suspicion.”
New Mexico: Sure.
New Mexico started grownup use hashish gross sales in 2022, along with medical marijuana. Nonetheless! Employees haven’t any protections.
The legislation, Home invoice 2, doesn’t “forestall or infringe upon the rights of an employer to undertake and implement a written zero-tolerance coverage relating to the usage of hashish merchandise. A zero-tolerance coverage could allow the self-discipline or termination of an worker on the idea of a constructive drug take a look at that signifies any quantity of delta-9-tetrahydrocannabinol or delta-9-tetrahydrocannabinol metabolite.”
New York: No.
New York’s MRTA amended Section 201-D of the New York Labor Law states that:
“Employers are prohibited from discriminating in opposition to workers based mostly on the worker’s use of hashish exterior of the office, exterior of labor hours, and with out use of the employer’s gear or property.”
However, employers could take employment motion or prohibit worker conduct in conditions the place state or federal statute, regulation, ordinance, or different governmental mandate THC testing. Or, if “the employer could be in violation of federal legislation or lose a federal contract on account of worker use. Clear impairment on the job from hashish use is the one different acceptable cause for an worker in New York to be examined.
North Carolina: Sure.
North Carolina has no authorized weed, aside from CBD for seizure issues. Per the Controlled Substance Examination Regulation, no protections for hashish use.
North Dakota: Sure.
North Dakota has medical marijuana solely, and no particular drug testing legal guidelines. The law (and CHAPTER 19-24.1 MEDICAL MARIJUANA) isn’t clear on office protections, stating that “This chapter doesn’t prohibit an employer from disciplining an worker for possessing or consuming usable marijuana within the office or for working whereas beneath the affect of marijuana.”
Ohio: Sure.
Ohio has established a medical marijuana program, however with no worker protections for drug testing. In Section 3796.28 | Rights of employer appears to prioritize the rights of employers. Nothing on this chapter does any of the next:
- Requires an employer to allow or accommodate an worker’s use, possession, or distribution of medical marijuana.
- Prohibits an employer from refusing to rent, discharging, disciplining, or in any other case taking an adversarial employment motion in opposition to an individual with respect to rent, tenure, phrases, circumstances, or privileges of employment due to that individual’s use, possession, or distribution of medical marijuana.
- Prohibits an employer from establishing and imposing a drug testing coverage, drug-free office coverage, or zero-tolerance drug coverage.
Oklahoma: Not medical sufferers.
Oklahoma has an enormous medical marijuana program, however received’t be including rec hashish to the poll this 12 months (booo). In 2020, statutes had been up to date to guard MMJ affected person workers from discrimination based mostly on hashish use.
That is the complete legislation: Title 63. Public Health and Safety §63-427.8. Additional rights, restrictions and prohibitions related to medical marijuana use and possession. It states that “Except in any other case required by federal legislation or required to acquire federal funding: 1. No employer could refuse to rent, self-discipline, discharge or in any other case penalize an applicant or worker solely on the idea of such applicant’s or worker’s standing as a medical marijuana licensee; and a couple of. No employer could refuse to rent, self-discipline, discharge or in any other case penalize an applicant or worker solely on the idea of a constructive take a look at for marijuana parts or metabolites.
Exceptions to the protection are as follows:
- a.the applicant or worker is just not in possession of a sound medical marijuana license:
- b.the licensee possesses, consumes or is beneath the affect of medical marijuana or medical marijuana product whereas on the place of employment or in the course of the success of employment obligations, or
- c.the place is one involving safety-sensitive job duties, as such time period is outlined in subsection Okay of this part.
The legislation provides that “nothing on this act or Part 420 et seq. of Title 63 of the Oklahoma Statutes shall require an employer to allow or accommodate the usage of medical marijuana on the property or premises of anywhere of employment or throughout hours of employment.
Oregon: Sure.
Oregon has each medical and leisure hashish. However the legislation does not protect workers or candidates who use hashish from discrimination in the event that they examined constructive for marijuana. Nonetheless, many employers in the state have laxed their insurance policies anyway.
Pennsylvania: In every single place however Philadelphia.
Pennsylvania has medical marijuana, however not adult-use hashish. Solely town of Philadelphia has prohibited pre-employment marijuana testing, however the state has no laws that protect employees from discrimination based mostly on hashish use.
Philly Bill 200625 says: Besides as in any other case supplied by legislation, or as excepted in subsections (2) or (3) hereof, it shall be an illegal employment apply for an employer, labor group, employment company or agent thereof to require a potential worker to undergo testing for the presence of marijuana in such potential worker’s system as a situation of employment. (2) Exceptions. The prohibition of this Part 9-4702(1) shall not apply to individuals making use of to work within the following jobs or professions:
- (a) Police officer or different legislation enforcement positions.
- (b) Any place requiring a business driver’s license.
- (c) Any place requiring the supervision or care of kids, medical sufferers, disabled or different susceptible people.
Rhode Island: Not likely.
Rhode Island legalized leisure hashish in 2022, and with it got here some protections for workers who use hashish off-duty, with exceptions.
Right here’s what the legislation, RI H7593, says about worker hashish rights:
“Nothing contained on this chapter shall be construed to require employers to accommodate the use or possession of hashish, or being beneath the affect of hashish, in any office or the usage of hashish in every other location whereas an worker is performing work, together with distant work. Employers could implement drug use insurance policies which prohibit the use or possession of hashish within the office or whereas performing work from being beneath the affect of hashish, supplied that until such use is prohibited pursuant to the phrases of a collective bargaining settlement, an employer shall not fireplace or take disciplinary motion in opposition to an worker solely for an worker’s personal, lawful use of hashish exterior the office and so long as the worker has not and isn’t working beneath the affect of hashish besides to the extent that: (1) The employer is a federal contractor or in any other case topic to federal legislation or laws such that failure to take such motion would trigger the employer to lose a financial or licensing associated profit thereunder; or (2) The worker is employed in a job, occupation or occupation that’s hazardous, harmful or important to public welfare and security. If the worker’s job, occupation or occupation includes work that’s hazardous, harmful or important to public welfare and security then the employer could undertake and implement insurance policies which prohibit the use or consumption of hashish inside the twenty-four (24) hour interval previous to a scheduled work shift or task.”
The legislation provides that “hazardous, harmful or important to public welfare and security shall embody, however not be restricted to: operation of an plane, watercraft, heavy gear, heavy equipment, business autos, college buses or public transportation; use of explosives; public security first responder jobs; and emergency and surgical medical personnel.”
One other part mentions that: “Nothing contained on this chapter shall forestall an employer from refusing to rent, discharging, disciplining, or in any other case taking an adversarial employment motion in opposition to an individual with respect to rent, tenure, phrases, circumstances, or privileges of employment due to that individual’s violation of a office drug coverage or as a result of that individual was working whereas beneath the affect of hashish.”
South Carolina: Sure.
Solely CBD is authorized in SC—no MMJ and no adult-use hashish. Ergo, no legislation or protections for workers.
South Dakota: Sure.
South Dakota has authorized a medical marijuana program, and can vote on rec hashish in November. The legal guidelines on worker protections are slightly bizarre; no specific testing protections talked about.
The legislation (Chapter 34-20G Medical Hashish) states: “Besides as supplied on this chapter, a registered qualifying affected person who makes use of hashish for a medical goal shall be afforded all the identical rights beneath state and native legislation, because the individual could be afforded if the individual had been solely prescribed a pharmaceutical medicine, because it pertains to: (1) Any interplay with an individual’s employer; (2) Drug testing by an individual’s employer; or (3) Drug testing required by any state or native legislation, company, or authorities official.
No employer is required to permit the ingestion, possession, switch, show, or transportation of hashish in any office or to permit any worker to work whereas beneath the affect of hashish. No employer is prohibited from establishing and imposing a drug free office coverage which will embody a drug testing program that complies with state and federal legislation and performing with respect to an applicant or worker beneath the coverage.
Tennessee: Sure.
Tennessee has no authorized weed besides CBD, nor protections. A invoice (TN HB1330) launched in 2021 that will defend workers from hashish use-based discrimination died.
Texas: Heck yeah.
No authorized weed in Texas besides CBD/Low-THC cannabis, and undoubtedly no protections for workers.
Utah: Type of.
Utah has medical marijuana however no grownup use hashish. There are some new protections for residents and workers within the works. In 2022, legislators up to date the Utah Medical Cannabis Act to deal with “an worker’s use of medical hashish in the identical manner the state or political subdivision treats worker use of any prescribed managed substance.” The legislation provides that “an worker’s standing as a medical hashish cardholder or an worker’s medical hashish suggestion from a certified medical supplier or restricted supplier in the identical manner the state or political subdivision treats an worker’s prescriptions for any prescribed managed substance.”
Medical sufferers are protected by Part 67-19a-101, which states that in the event that they fail “a drug take a look at attributable to marijuana or tetrahydrocannabinol with out proof that the worker was impaired or in any other case adversely affected within the worker’s job efficiency attributable to the usage of medical hashish,” they can’t face retaliation.
Like most states, Utah steps again when federal laws or funds are concerned.
A singular (and bogus) a part of Utah’s legislation states that an worker who makes use of “medical hashish in the course of the 12 hours instantly previous the worker’s shift or in the course of the worker’s shift,” may nonetheless face some disciplinary motion.
Vermont: Sure.
Vermont has legalized each medical and leisure hashish. Nonetheless, the legal guidelines nonetheless permit potential employers to check for marijuana. Employers could solely take a look at workers with possible trigger.
Employer MJ Guide for Vermont says, “Whereas Vermont’s medical marijuana legal guidelines don’t require employers to tolerate the consumption or possession of marijuana within the office, the legal guidelines don’t allow employers to discriminate in opposition to disabled candidates or workers who use medical marijuana exterior of labor to deal with their incapacity.”
“Employers could prohibit or in any other case regulate the use, consumption, possession, switch, show, transportation, sale, or rising of marijuana on their premises; Employers could undertake insurance policies prohibiting the usage of marijuana within the office.”
“Whereas Vermont legislation does permit employers to drug take a look at workers, employers could solely accomplish that in very restricted circumstances. Earlier than contemplating drug testing workers or candidates, it’s important that employers perceive the precise necessities of the legislation, as set forth beneath.”
“Drug Testing Job Candidates Underneath Vermont legislation, employers could not require or request that an applicant for employment undergo a drug take a look at until all the next circumstances are met:
- The employer has already prolonged a conditional supply of employment to the applicant to be examined, contingent upon the applicant receiving a adverse drug take a look at outcome;
- The employer provides the applicant written discover of the drug testing procedures and a listing of the medication to be examined. This discover should additionally state that any therapeutic ranges of medically prescription drugs won’t be reported to the employer; and.
- The drug take a look at is run in accordance with particular statutory necessities, together with being examined by a laboratory authorized by the Vermont Division of Well being. These particular necessities are specified by extra element beneath.
Virginia: Sure.
Virginia has legalized each medical marijuana and grownup use hashish as of 2021. However protections for sufferers and customers stay restricted. The Code of Virginia protects sufferers who use hashish oil, however there don’t seem like any protections for rec customers. However the definition of cannabis oil is complicated.
“No employer shall discharge, self-discipline, or discriminate in opposition to an worker for such worker’s lawful use of hashish oil pursuant to a sound written certification issued by a practitioner for the remedy or to eradicate the signs of the worker’s recognized situation or illness pursuant to § 54.1-3408.3.
Virginia doesn’t limit an employer’s “skill to take any adversarial employment motion for any work impairment triggered by means of hashish oil or to ban possession throughout work hours.” Additionally, the legislation doesn’t require an employer to “rent or retain any applicant or worker who assessments constructive for tetrahydrocannabinol (THC) in extra of fifty ng/ml for a urine take a look at or 10 pg/mg for a hair take a look at.”
Washington: Sure.
Regardless of having one of many earliest grownup use hashish packages, Washington doesn’t supply their workers many protections. Employers can still drug test employees for hashish and implement a drug-free office. A bill launched to strengthen protections in early 2022 has not progressed.
West Virginia: Not for medical sufferers.
West Virginia has medical marijuana. Whereas workers have discirmination safety for being MMJ sufferers, the West Virginia Medical Cannabis Act doesn’t specify drug testing protections. The legislation states:
- (1) No employer could discharge, threaten, refuse to rent or in any other case discriminate or retaliate in opposition to an worker relating to an worker’s compensation, phrases, circumstances, location or privileges solely on the idea of such worker’s standing as a person who’s licensed to make use of medical hashish.
- (2) Nothing on this act shall require an employer to make any lodging of the usage of medical hashish on the property or premises of anywhere of employment. This act shall by no means restrict an employer’s skill to self-discipline an worker for being beneath the affect of medical hashish within the office or for working whereas beneath the affect of medical hashish when the worker’s conduct falls beneath the usual of care usually accepted for that place.
- (3) Nothing on this act shall require an employer to commit any act that will put the employer or any individual performing on its behalf in violation of federal legislation.
Wisconsin: Sure.
CBD is authorized in Wisconsin, that’s it. No office protections for workers.
Wyoming: Sure.
Wyoming has no authorized type of hashish, and thus no protections for worker drug testing.