American Voters are Seeing Green

Mary Jane was a stand-out winner from the 2020 election

On Nov. 3, 2020, voters in several states voted to “puff puff” pass measures to allow recreational marijuana or medicinal marijuana, leaving many employers in these states to navigate a gray area of legislation when it comes to company workplace drug policies.  

There are now 15 states allowing recreational marijuana, with the newest additions being Arizona, Montana, and New Jersey. Additionally, 35 states have now legalized medical marijuana. Mississippi and South Dakota were recently added to the list, with the latter also passing recreational marijuana through a joint ballot initiative. Take a look at this U.S. map showing the marijuana laws in all 50 states. 

Marijuana is still considered an illegal substance at the federal level, so while more states are choosing to spark up medical marijuana programs or allow recreational marijuana, employers are having to revisit their workplace drug policies to make adjustments or determine if they’re simply going up in smoke. 

The guidelines each state sets around medical or recreational marijuana vary widely. Like Arizona, some states have additional marijuana laws on record that prohibit employers from discriminating against medical marijuana users. On the other hand, Montana added employer-friendly provisions to their laws that do not require businesses to permit or accommodate recreational marijuana use in the workplace or on the employer’s property. 

Keeping track of these laws across the U.S. or just in your state can turn into a mixed bag of stems and seeds pretty quickly, so it’s important to know your local regulations when adjusting and enforcing your workplace policies. Let’s roll up some best practices to follow 

while your company navigates the budding marijuana landscape according to the Society for Human Resources Management (SHRM):

  • Don’t tolerate marijuana use on the job, just as you wouldn’t tolerate alcohol use.
  • Train managers to spot signs of impairment.
  • Think carefully about the type of [drug] test your company uses and stay on top of developments in testing technology. 
  • Talk to a lawyer about relevant state laws before setting policies and rules. 
  • For companies operating in different states, testing policies may need to vary by location. 
  • Educate employees about the company marijuana-use policy and the repercussions for failed tests, including random, post-accident, or reasonable suspicion tests. 

Ultimately, employees must follow an employer’s workplace drug policy and can’t be under the influence of marijuana while at work or while driving for work regardless of their status as a medical marijuana patient or if their state allows recreational use. 

From guiding you through best practices to helping you create and enforce workplace drug policies, our HR business partners are ready to help clear up some of the gray area around these issues. Contact your HR business partner at 888.811.5150.

Also on Nextep

Mark your calendars! New compliance rules take effect this October, and protecting your business starts with knowing what is changing. The latest updates bring major changes to state and federal employment laws, changing everything from workplace policies to payroll. Key changes include the federal repeal of OFCCP affirmative action mandates and Alabama’s ban on sexual […]
Read more
July brings a fresh wave of state and federal compliance updates. Nextep has the complete rundown to keep your business on track. Get started using these quick links: Part 1: Federal Compliance Spotlight: New EEOC National Enforcement Plan On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) voted to replace its previous Strategic Enforcement […]
Read more
If your employee needs health-related time off, the Family and Medical Leave Act (FMLA) may require your company to provide it. This FMLA 101 guide will help you navigate the process. Now that we’ve covered the basics, this guide will explain the Family and Medical Leave Act (FMLA) to help you handle employees’ leave requests […]
Read more
For years, HR teams have asked: If an employee has a 30-minute appointment, but it takes them an hour to get there, is that drive time Family Medical Leave Act (FMLA)-protected? The Department of Labor (DOL) just gave us a definitive answer in Opinion Letter FMLA2026-2. For employers, this is both a compliance requirement and […]
Read more
The One Big Beautiful Bill Act (OBBBA) introduced a number of changes for employers. Luckily, Nextep is here to help! As our clients’ PEO and Employer of Record, Nextep automates much of the compliance, tax reporting, and administrative burden created by the OBBBA. While the laws change, our partnership ensures your business stays compliant. Here […]
Read more
Many new or revised state law updates will go into effect in the coming months. Our Compliance experts have summarized regulations in your state that may impact your business. Follow the quick links below to find your state: FEDERAL UPDATE Paid Family and Medical Leave Effective January 1, 2026, the tax credit for employers that […]
Read more
The Department of Labor (DOL) Wage and Hour Division’s Opinion Letter, FMLA2025-02-A, provides clarification on how employers must calculate an employee’s total available FMLA leave hours. These rules speak especially for those with non-traditional schedules that include mandatory overtime. What It Means for Employers The core takeaway is that employers must calculate an employee’s FMLA […]
Read more
A recent Florida court ruling in McDaniels v. State struck down the state’s open-carry ban, effectively making open carry the new law for adults who can lawfully possess a firearm. This ruling follows Florida’s existing “constitutional carry” law (effective July 1, 2023), which allows for permitless concealed carry. Here is a summary of the key […]
Read more
Expanding your business globally can unlock new markets, boost revenue streams, and give your organization access to diverse talent. However, taking your business across borders is no small feat. It requires navigating new regulations, managing compliance, and understanding cultural differences. To succeed in this complex environment, a well-defined strategy is essential. That’s where an employer […]
Read more
Summer is upon us! It’s a time when many companies may hire young people or increase their working hours, as school is out. This presents a great opportunity to refresh your knowledge of youth labor laws and ensure your company’s compliance. Below is an overview of federal youth labor laws you can use as a […]
Read more
Mark your calendars! Many new and amended state law updates are set to take effect around July 1, 2025. Our compliance experts have compiled a summary of the updates specific to your state that may impact your business. Please keep in mind: if state law and federal laws ever differ, employers must always adhere to […]
Read more
What to do when FMLA and PFML happen at the same time Employers today face a complex web of federal, state, and local laws governing employee leave for family and medical reasons. A particularly tricky area is the intersection of the federal Family and Medical Leave Act ( FMLA ) and state-paid family medical leave […]
Read more

Download the Elevate by Nextep™ App


Download the Nextep Mobile App in Apple iOS or Google Play