Marijuana - Connecticut

Medical marijuana

A qualified patient complying with the state's medical marijuana program has immunity from state criminal and civil penalties for use of marijuana. Employers may not refuse to hire, discharge, penalize, or threaten an employee solely on the basis of the employee's status as a qualifying patient or primary caregiver.

Marijuana use is prohibited in the workplace. Employers may prohibit the use of intoxicating substances during work hours and may discipline an employee for being under the influence of intoxicating substances during work hours.

Recreational marijuana

Effective July 1, 2022, Connecticut’s recreational marijuana allows employers to prohibit the use of recreational marijuana if the statue’s requirements are followed.

The law protects off-duty use of marijuana but allows employers to prohibit use of the drug in the workplace and during work hours. An employer may take an adverse action against an employee or applicant based on a positive test for marijuana if the employer follows the law’s provisions, which include having a written policy. Some employers are exempt from the policy requirement, and some employees are excluded from protections for recreational marijuana use.

Employer protections

An employer is not required to allow an employee to:

• Perform duties while under the influence of recreational marijuana, or
• Possess, use, or otherwise consume recreational marijuana while at work.

An employer may:

• Maintain a drug- and alcohol-free workplace;
• Have a policy prohibiting the possession, use, or consumption of recreational cannabis by an employee;
• Take an adverse employment action, or rescind a conditional offer of employment, based upon a positive drug test showing recreational marijuana use if an employer has a written policy prohibiting recreational marijuana use;
• Take appropriate adverse action, without a written policy, based on drug test done because of:
• Reasonable suspicion of an employee’s use of marijuana while at work or on call, or
• A determination that the employee is showing specific, articulable symptoms of drug impairment, while at work or on call, that decrease or lessen the employee’s job performance.

State drug testing law

While drug testing is allowed, the test must satisfy the state’s workplace drug testing law.

Written policy

When an employer has a policy prohibiting recreational marijuana use, the policy must be:

• Made available to each employee before the policy is enacted, and
• Made available to each prospective employee when the employer makes an offer or conditional offer of employment.

Articulable symptoms

An employer may take appropriate adverse action, without a written policy, based on drug test done because of a determination that the employee is showing specific, articulable symptoms of drug impairment, that decrease or lessen the employee’s job performance. Specific, articulable symptoms of drug impairment may include, but are not limited to, symptoms of the employee’s:

• Speech,
• Physical dexterity,
• Agility,
• Coordination,
• Demeanor,
• Irrational or unusual behavior,
• Negligence or carelessness in operating equipment of machinery,
• Disregard for the safety of the employee or others,
• Involvement in any accident that results in serious damage to equipment or property,
• Disruption of a production or manufacturing process, or
• Carelessness that results in any injury to the employee or others.

Exempt employers and employees

Employers in certain industries do not need to have a written policy in order to take an adverse employment action against an employee because of a positive drug test for marijuana. An exempted employer is an employer whose primary industry is:

• Mining
• Utilities
• Construction
• Manufacturing
• Transportation
• Educational services
• Health care or social services
• Justice, public order, and safety activities,
• National security and international affairs.

Employees in certain positions are not protected from a negative employment action for off-duty marijuana use. This includes employees working in a position:

• As a firefighter,
• As an emergency medical technician,
• As a police officer or peace officer,
• With the Department of Corrections involving direct contact with inmates,
• Requiring operation of a motor vehicle for which federal or state law requires screening tests, including a position requiring a commercial driver’s license,
• Requiring certification of completion of a course in construction safety and health approved by the federal Occupational Safety and Health Administration,
• Requiring a federal Department of Defense or Department of Energy national security clearance,
• Under an employment contract or collective bargaining agreement that does not accommodate marijuana use,
• Where marijuana use would be in conflict with any provision of federal law,
• Funded in whole or in part by a federal grant,
• Requiring the supervision or care of children, medical patients or vulnerable persons,
• With the potential to adversely impact the health or safety of employees or members of the public, in the determination of the employer,
• At a nonprofit organization or corporation, the primary purpose of which is to discourage use of cannabis products or any other drug by the general public, or
• At an exempt employer.

Employee and applicant protections

If an employer does not have a written policy prohibiting recreational marijuana use outside of work, and if the employer or employee is not exempt from the policy provision, an employer may not take an adverse employment action against an employee or applicant based off-duty marijuana use, unless there is reasonable suspicion of cannabis use.

An employee or applicant may bring a civil lawsuit against the employer if an employer violates the act. An individual may be awarded reinstatement of a job or job offer, back wages, and reasonable attorney’s fees.