Cannabis at work? Employer's Guide.

The simple answer is “No.” While the law now decriminalizes the use of recreational cannabis, it does not allow any new rights to the employee. Just as you aren’t expected to allow employees to work under the influence of alcohol or other drugs, you do not have to tolerate an employee being under the influence of cannabis either.

If an employee is under the care of a doctor and taking a prescribed medication that might impair them on the job, they are required to disclose this to their employer. Therefore, if an employee is using Cannabis medicinally, they must inform you. If they are exhibiting symptoms of being under the influence of Cannabis at work, then you are in your right to explore options to remove them from their position.

Cannabis is still illegal federally. If you’re subject to DOT or considered a government workplace then you must sign off on the federal allowances. Additionally, Cannabis cannot be consumed by either the driver or passenger of a car. As with federal law, there are some state requirements that require employees to be drug-free.

Every business owner must decide this for themselves, however, if you choose to keep cannabis in your drug panel you must be consistent with the results you receive. You cannot show favoritism. However, according to the Maryland code, if an employee has a medical marijuana exemption, then they must not be denied any right or privilege as the result of a medical marijuana status provided the patient is complying with the law.

Potentially, yes. At Prescott HR, we often counsel our clients to consider the impact of including this drug test in the hiring process and to consider if it is worth the effort.  Removing cannabis from the panel of drugs tested may be an option for employers to consider if their industry does not require such testing.

With proper policies and consistent practices, employers may terminate employees who do not pass a drug test.  However, the truth is that we are not going to fully understand the legislature’s full intent of the law until there are legal cases to support it. There are many options to consider when terminating an employee for cannabis use.  We advise all of our clients to consult with legal counsel to ensure that the termination is consistent with applicable laws.

We don’t recommend drug testing just to “catch people” in the act. Whether to drug test or not should be thought of as a business decision only and employers should consider how or if this test would benefit the company and employees as a whole. Your personal beliefs and preferences around whether cannabis should be legalized recreationally have no place in how you create policies and enforce policies for your organization. It is not recommended to create policies to dictate what people do outside of work. There might be unintentional consequences, including eliminating or alienating your workforce.

Adopting a consistent drug testing policy that works for your place of business can be created so long as you are able to apply it consistently.

We wouldn’t encourage anyone to actively ask any questions in regard to an employee’s recreational use of cannabis outside of work.

Like offensive body odor, the strong smell of marijuana could offend others at the workplace. Decisions should be made – and included in company policies – how you will address employees coming to work smelling like cannabis or any other grooming concerns that might arise.

Yes. According to nationaldrugscreening.com, “Maryland law does not prevent employers from prohibiting possession, use, or testing for marijuana use, and it does not protect employees who test positive for any reason.”