A recent unanimous decision by the highest state court in
Massachusetts sends a warning signal to employers in all states.
Marijuana in the workplace is a complex and unsettled legal issue
that will require all employers to navigate a veritable minefield.
Even if you are in a state other than Massachusetts, this recent
case may provide important guidance for employers facing the legal
specter of pot in the workplace.
Background
Currently, 32 states and the District of Columbia have legalized
at least some aspect of the use of marijuana. The laws are a
hodgepodge ranging from legalization of recreational use, to
legalization of only medical use, to legalization of only medical
use of certain strains that contain extremely low levels of THC. Of
the states that have legalized marijuana, only 11 states have
legislated some form of anti-retaliation provisions for employees.
Massachusetts was not one of the 11. In many states, employees may
be able to use marijuana
