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November 24 2015

Marijuana In The Workplace: A Hazy Issue For Employers

With all the changes to state laws now permitting recreational and medical marijuana use, HR professionals are understandably feeling dazed and confused. Employers with employees who use medical marijuana will have to do some studying into the employee's job requirements. Generally speaking, an employer does not have to allow for an employee to be actively under the influence while at work. But an accommodation may be necessary, depending on the nature of the job and the safety and other sensitivities of the position. Once an employer is provided notification that an employee is a medical marijuana user, that employer needs to be especially careful how it uses that information and how far it goes in asking for more. Employers in states allowing for the use of medical marijuana should familiarize themselves with the relevant statutes and, in particular, determine whether their state statute requires that accommodations be made.