Did you know that the state of Maryland has legalized adult-use cannabis for adults 21 and older as of July 1, 2023? This may come as a big surprise to business owners, especially as you try to navigate what this could mean for your business and employees. We are sharing guidance on what the legalization of cannabis means for employers in the state of Maryland below.
How does this new cannabis legislation affect my business?
As a business owner or manager, your first question is most likely: how will this new legislation affect my business and my workers? We are here to help clear up any confusion! If you are worried that this law gives new rights to employees regarding recreational cannabis use, the answer is that it does not. Recreational cannabis use has been decriminalized, but that does not mean that employees are allowed to show up to their jobs under the influence of cannabis, just like they cannot show up to work under the influence of alcohol or other drugs. As an employer, you do not have to tolerate when an employee shows up under the influence of cannabis, even with the passing of this legislation.
Should you update your office policy documents regarding cannabis?
Now that the new law is written, should you consider updating your organization’s policy to specifically state that your office does not allow employees to be at work under the influence of recreational marijuana? That’s a great question! It’s really up to you and your organization’s executive team how you want to communicate that cannabis use in the office is prohibited. If you want to update your office policy and explicitly state that cannabis use will not be tolerated, it couldn’t hurt to be transparent.
Can you implement a cannabis drug screening test?
This is also completely up to you and your organization’s executive team! If you want to drug test your employees, that is within your rights as an employer. One important exemption to this is medical marijuana use. According to the Maryland code, an employee who uses medical marijuana has an exemption and must not be denied any right or privilege to use their medical marijuana, provided they are complying with the law. We also want you to keep in mind that requiring applicants to undergo a drug screening can sometimes deter potential applicants from applying to your company. Consider if this effort is worth the potential negative response that drug screening may have on your future hiring efforts.
Work with Prescott HR
Does your organization need help with understanding how cannabis legislation affects the workplace? We are here to help! Prescott HR offers a wide range of services that can help your organization stay current in the ever-changing world of recruitment and employee retention. Our unintimated HR practices allow us to be focused and effective, providing your business with precisely what you need. Give us a call today at 443-351-8818 or contact us online.