"High" Stakes For Employers Dealing With Evolving Cannabis Laws

The evolving legalization of marijuana for both medical and recreational uses continues to cause workplace issues for employers. Nine states and the District of Columbia have legalized recreational marijuana, and 32 states have legalized medical marijuana under varying circumstances. In addition, three more states have 2018 ballot initiatives considering either recreational or medical marijuana uses.  Employers need to consider their position as the pendulum continues to swing towards marijuana legalization in various forms.

One aspect that is particularly troublesome is that if employers choose to adopt or maintain a zero-tolerance policy, they may face a shrinking pool of potential employees. For the three states that legalized recreational marijuana in 2017 — Nevada, Massachusetts, and California — saw increases of 43 percent, 14 percent, and 11 percent, respectively, for positive workplace marijuana testing.  For some employers, screening for marijuana (among