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Summary of differences between federal and state regulations
Medical marijuana
A person who is authorized to use marijuana under the Act may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for using marijuana under the Act.
An employer may not refuse to employ or otherwise penalize a person solely for that person’s status as a qualifying patient, unless failing to do so would cause it to lose a federal contract or funding.
An employer may prohibit the smoking of marijuana for medical purposes at work if the business owner prohibits all smoking on the premises and posts notices to that effect.
An employer is not required to accommodate the ingestion of marijuana in the workplace or any employee working while under the influence of marijuana.
An employee who is terminated for using medical marijuana while on duty or for intoxication because of medical marijuana use remains eligible for unemployment benefits.
Recreational marijuana
An employer is not required to permit or accommodate the use, consumption, trade, display, transport, sale, or cultivation of marijuana in the workplace.
An employer may enact and enforce workplace policies restricting the use of marijuana and marijuana products by employees in the workplace or while otherwise engaged in activities within the course and scope of employment.
An employer may discipline employees who are under the influence of marijuana in the workplace or while otherwise engaged in activities within the course and scope of employment in accordance with workplace policies regarding the use of marijuana and marijuana products by employees.
An employee who is terminated for being under the influence of marijuana while on duty or when reporting to work is not eligible for unemployment benefits. Benefits can also be denied if an employee is fired for the unauthorized use of marijuana while on duty. These provisions do not apply to use of marijuana for medical purposes.
The Maine Department of Labor suggests employers:
- Establish a drug-free workplace policy outlining their requirements and employee expectations regarding substance use and impairment while in the workplace;
- Develop a policy approved by the Maine Department of Labor if they wish to conduct substance use testing;
- Consult with experienced counsel before preparing new policies relating to employees and substance use.