Marijuana Laws and Your Employees: Examining the High Points

Beth Dean 09.21.18
42 Leaf Plant On White

Marijuana is currently legal for recreational use in four states and allowed for medical use in several more.

Weeding through the various marijuana state laws and how they interact with workplace policies can be difficult, but a Colorado Supreme Court ruling recently made it a lot more blunt.

Although workplace policies generally must follow federal, state, and local laws, they’ve hashed out an exception for marijuana. Even in states that allow the use of marijuana, a company’s drug-free workplace policy can trump state law.

Example: Mary Jane, a Colorado employee, uses the legally-allowed amount of recreational marijuana while off-the-clock at home, then tests positive to a random drug screen the next week. If the company has a zero-tolerance drug-free workplace policy, Mary Jane can be subject to termination.

The Colorado Supreme Court further cemented the company’s ability to overrule state law in a ruling that many believe will set precedent for Colorado and other states in which marijuana use is legal. A quadriplegic employee had a medical marijuana card, consuming it while off duty to manage leg spasms. After he tested positive in a random drug screen, he was fired by his employer for violating their zero-tolerance drug-free workplace policy. The Colorado Supreme Court upheld the termination as lawful. Since recreational and medical marijuana use in unlawful on the federal level, the state’s Lawful Off-Duty Activities statute would not protect an employee who is violating an established company policy.

Further, the legalization of marijuana does not cross state lines. If an employee consumes marijuana in a state where it’s legal, then comes home and fails a company’s drug screen, the employee can be subject to the consequences lined out in the company’s drug-free workplace policy, including termination.

Also on Nextep

Are You Paying Your High-Earning Employees Correctly? In a recent case, the Supreme Court issued an opinion clarifying the overtime-exempt status requirements under the Fair Labor Standards Act (FLSA).  The ruling emphasizes the importance of the salary-basis requirement for high-earning employees to be overtime-exempt under the FLSA. Here’s what you need to know: Under the […]
Read more
Don’t worry. Nextep’s payroll processing is unaffected by the SVB closure. At Nextep, we understand that the recent closure of Silicon Valley Bank (SVB) has caused concern for our clients and their employees who bank with SVB. We want to assure you that Nextep’s ability to process payroll remains unaffected by this event. We are […]
Read more
On December 29, 2022, President Biden signed into law two bills that add protections for pregnant and post-partum employees. Here is what we know. Providing Urgent Maternal Protections for Nursing Mothers Act The PUMP Act amends the Fair Labor Standards Act (FLSA) to expand coverage to all employees (exempt and non-exempt). Employers are required to […]
Read more
Your Guide to DOL’s Latest Guidance on Telework, Lactation Breaks, and FMLA Eligibility for Remote Employees Are you an employer of employees who telework, or employees who needs breaks for lactation? Then you’ll want to read this update! The US Department of Labor (DOL) recently released Field Assistance Bulletin (FAB) No. 2023-1, which covers several […]
Read more
Your Guide to the Latest Court Ruling on the FLSA Administrative Exemption If you’re an employer in Maine, Massachusetts, New Hampshire, Rhode Island, or Puerto Rico, listen up! The 1st US Circuit Court of Appeals has clarified the Fair Labor Standards Act’s (FLSA) administrative exemption, and it could be a game-changer for your business. In […]
Read more
Empowering Employees and Employers Alike to Create Inclusive Work Environments As of January 24, 2023, the Equal Employment Opportunity Commission (EEOC) has updated its guidance on correctly handling people with hearing disabilities at work under the Americans with Disabilities Act (ADA). This updated guidance is essential for employers looking to create a more inclusive and […]
Read more
Your Intro to the H1-B Visa Process Exciting news for employers eagerly anticipating the 2024 H-1B cap initial registration period! Federal immigration officials have officially announced that registration will open between March 1 to March 17, 2023. Employers can register for the H-1B cap using USCIS’s online registration system. The H-1B visa, as a reminder, […]
Read more
Rest Up! For Illinois Workers, ODRISA is Now Law Beginning in 2023, The One Day Rest In Seven Act (ODRISA) allows Illinois employees the right to take one day off in seven, plus breaks during a long workday.  Here’s a breakdown of the basics: Employees must get a minimum of 24 hours of rest every […]
Read more
Starting in 2023, Illinois workers have expanded job-protected bereavement leave under the Family Bereavement Leave Act (FBLA). Let’s dig into the details. FBLA allows eligible employees to take up to 10 work days of unpaid leave following the death of a family member. Specifically, they are allowed time for any of the events covered by […]
Read more
Your medical leave could qualify for paid time off if you work in Colorado.  We’re familiar with the Family Medical Leave Act (FMLA), allowing qualified employees up to 12 weeks of unpaid, job-protected leave to care for themselves or a family member during certain medical or family events. But the FAMLI program takes this coverage […]
Read more
What business owners need to know right now. On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule to prohibit non-competition clauses (“non-competes”) in employment agreements.  Non-compete provisions include broadly written non-disclosure agreements that ban working in the same field post-employment and require employees to pay “training costs” if the employment terminates within […]
Read more
The Ins and Outs of a PEO Relationship Are you thinking of moving your in-house HR tasks to a PEO? That’s great! Here’s what to expect. Professional Employer Organizations (PEOs) are a tried and true way for companies like yours to take advantage of some powerful perks: Access better benefits than you might be able […]
Read more

Download Our App