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State comparison
State
Medical Marijuana
Recreational Marijuana
Legislation
legalizing medical marijuana was signed into law on May 17, 2021. Under Alabama’s medical marijuana law, the Darren Wesley “Ato” Hall Compassion Act, qualifying patients can possess up to 70 daily dosages of medical cannabis. The law includes a number of protections for employers. Physicians must have patients sign a form advising them that using medical cannabis could result in termination from employment without recourse and that costs may not be covered by insurance or government programs.
Qualifying conditions: Medical cannabis can be used to treat qualifying medical conditions, including autism spectrum disorder, cancer-related nausea, Crohn’s disease, depression, Parkinson’s disease, post-traumatic stress disorder, and chronic pain.
Ingestion: Medical cannabis cannot be smoked, vaped, or consumed in a food product that has medical cannabis baked, mixed, or otherwise infused into it (such as cookies or candies). The following medical marijuana products are allowed:
- Oral tablet, capsule, or tincture
- Non-sugarcoated gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape
- Gel, oil, cream, or other topical preparation
- Suppository
- Transdermal patch
- Nebulizer
- Liquid or oil for administration using an inhaler
No accommodations: Employers are not required to permit, accommodate, or allow the use of medical cannabis. Employers are not required to modify any job or working conditions for an employee who uses medical marijuana.
Alabama has no state laws regulating recreational marijuana.
Medical marijuana users must be registered with the Department of Health and Social Services. A registered patient, primary caregiver, or alternate caregiver has an affirmative defense to a criminal prosecution related to marijuana. Medical use of marijuana does not need to be accommodated in any place of employment.
Up to one ounce of marijuana can be possessed by a person over 21 years of age. Employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace. Employers may have policies restricting the use of marijuana by employees. An employer can prohibit the use, possession, and transportation of marijuana on company property.
A registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution, or penalty or disciplinary action by a court or professional licensing board for use of marijuana under state law. Employers may not be penalized for employing a registered qualifying patient or caregiver.
Unless a failure to do so would cause the employer to lose a monetary or licensing related benefit under federal law, employers may not discriminate against a person in hiring, termination, or any condition of employment based on a person’s status as a cardholder or a positive drug test for marijuana or its metabolites, unless the patient used, possessed, or was impaired by marijuana in the workplace or during work hours.
Employers may use a web-based verification system to verify registry identification cards. Employers may use the system only to verify a registry identification card that is provided to the employer by a current employee or applicant who has received a conditional offer of employment.
An employer is not required to allow the use of marijuana in the workplace and is not required to allow any employee to work while under the influence of marijuana. A registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of marijuana metabolites that are insufficient to cause impairment. An employer may discipline an employee for ingesting marijuana at work or for working while under the influence of marijuana.
A person may be penalized for operating a motor vehicle while under the influence of marijuana, although a registered qualifying patient shall not be under the influence of marijuana solely because of the presence or metabolites or components of marijuana that appear in insufficient concentration to cause impairment.
Voters passed the Smart and Safe Arizona Act in November 2020. This allows individuals 21 and over to possess, consume, or transfer up to 1 ounce of cannabis.
Employers may maintain a drug-free workplace. The act does not prevent workplace policies restricting the use of marijuana by employees or prospective employees. Marijuana cannot be smoked in a public place or an open space. A person cannot consume marijuana or marijuana products while driving or riding in the passenger seat of a motor vehicle.
Employers are not required to allow or accommodate the use, consumption, possession, transfer, display, transportation, sale or cultivation of marijuana in a place of employment. They may prohibit or regulate the use of marijuana on their properties.
In addition, the act does not require a person to take an action that would result in the loss of a monetary benefit under federal law.
The law does not limit any privilege or right of a qualifying patient under the state’s medical marijuana law, however.
A registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution, or penalty for medical marijuana under state law.
An employer shall not discriminate against an applicant or employee in hiring, termination, or any term or condition of employment, or otherwise penalize an applicant or employee, based upon past or present status as a qualifying patient or designated caregiver. The non-discrimination provisions apply to employers with 9 or more employees.
An employer may establish a drug-free workplace policy and take action with respect to an applicant or employee under the policy. An employer can take action based on a good faith belief that a qualifying patient used marijuana while at work or was under the influence of marijuana at work. A positive drug test generally cannot be the sole basis for this good faith belief.
An employer may exclude or remove an employee from a safety sensitive position based on the employer’s good faith belief that the employee was engaged in the current use of marijuana.
An employer may reassign an employee to a different position, place an employee on paid or unpaid leave, suspend or terminate an employee, require an employee to successfully complete a substance abuse program, or refuse to hire an applicant.
Arkansas has no statutes regarding recreational marijuana.
Medical marijuana patients and primary caregivers are not subject to criminal prosecution or sanction. Qualified patients may request an identification card from a county health department. Employers are not required to accommodate medical use of marijuana on the property of any place of employment or during the hours of employment.
A person over age 21 may grow, purchase, possess and use a limited amount of marijuana. Smoking in a public place is prohibited. Public and private employers can enact and enforce workplace policies pertaining to marijuana. An employer may have a policy prohibiting the use of marijuana by employees and prospective employees. An employer can maintain a drug free workplace and is not required to permit or accommodate the use, consumption, possession, transfer, display, sale, or growth of marijuana in the workplace.
Colorado residents with a qualifying condition may buy medical marijuana in the state.
It is an exception from the state’s criminal laws for any qualified patient or primary caregiver to engage in the use of medical marijuana or assist with its use.
Employers are not required to accommodate the medical use of marijuana in the workplace. A patient may not undertake any task while under the influence of medical marijuana when doing so would constitute negligence or professional malpractice.
People 21 years old or older may possess one ounce of marijuana. Employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace.
Employers may have policies restricting the use of marijuana by employees.
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.
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.
A qualifying patient shall not be subject to arrest or prosecution for medical use of marijuana under the Act. A person is not authorized to undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice.
An employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person for being a medical marijuana cardholder, unless failure to do so would cause the employer to lose a monetary or licensing related benefit under federal law or regulations. Employers cannot be penalized or denied benefits under state law for employing a cardholder. With a cardholder's permission, the Department of Health and Social Services will confirm the person's status as a registered qualifying patient to an employer.
In addition, an employer may not discriminate on the basis of a registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during work hours.
Employers are not required to allow employees to ingest marijuana in the workplace or work under the influence of marijuana. Employers may discipline employees for ingesting marijuana in the workplace or working under the influence of marijuana. However, a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana.
Delaware has no state laws legalizing recreational marijuana.
A qualifying patient may possess and administer medical marijuana only for treatment of a qualifying medical condition or side effects of a qualifying medical treatment. The law is silent on private employer protections and requirements.
Medical Marijuana Program Patient Employment Protection Amendment Act of 2020
Public employees in the District of Columbia have protections for medical marijuana use:
- The district cannot take an adverse action against an individual for participating in a medical marijuana program.
- A district agency cannot use the results of a drug test for marijuana as the basis for employment-related decisions against a medical marijuana patient unless the patient used or was impaired by marijuana at work or during work hours.
- A district employee who is participating in a medical marijuana program can request and receive a reasonable accommodation for the use of medical marijuana.
- Notify employees when their positions are designated as safety-sensitive,
- Permit a district employee to request written explanation of what makes a position safety-sensitive, and
- Permit employees to appeal the designation of a position as safety-sensitive.
Under the Marijuana Possession Decriminalization law, it is a civil violation, not a criminal offense, to possess or transfer one ounce or less of marijuana. The law does not address employment issues.
Employers may only test a prospective employee for marijuana use after a conditional offer of employment has been extended, unless otherwise required by law.
An employer may deny a position based on a positive test for marijuana.
In addition, employers may enforce workplace drug policies and do not need to accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or during employment.
A registered qualifying patient complying with the state’s medical marijuana law is not subject to criminal or civil liability.
An employer may establish, continue, or enforce a drug-free workplace program or policy. Employers are not required to accommodate any on-site medical use of marijuana or any employee working while under the influence of marijuana.
Marijuana cannot be smoked in an enclosed indoor workspace. A property owner can also restrict vaping
Florida has no statutes regarding recreational marijuana.
Georgia allows possession of marijuana in the form of low THC oil under certain circumstances. The person must be registered with the Department of Public Health and have a registration card issued by the Department of Public health. The individual must have been diagnosed with a qualified condition and authorized by a physician for treatment with low THC oil. A list of qualifying conditions is outlined in the Official Code of Georgia Annotated, Title 31, Chapter 2A, Article 1.
Employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in any form. The law does not affect the ability of an employer to have a written zero tolerance policy prohibiting on-duty, and off-duty, use of marijuana. An employer may prohibit employees from having a detectable amount of marijuana in their system while at work.
Georgia has no state laws legalizing recreational marijuana.
Marijuana use by qualifying patients is permitted under the state's Medical Use of Marijuana law. The authorization of medical marijuana use does not apply to the workplace.
Hawaii has no state laws legalizing recreational marijuana.
Illinois
A registered qualifying patient is not subject to arrest, prosecution, or denial of any right or privilege for the medical use of cannabis in accordance with the Act. A business is not prevented from restricting or prohibiting the medical use of cannabis on its property.
Employers may not penalize a person solely for his or her status as a registered qualifying patient or caregiver, unless failing to do so would put the employer in violation of federal law or would case the employer to lose a monetary or licensing-related benefit under federal law.
As of January 1, 2020, recreational marijuana is legal in Illinois. Adults over age 21 can purchase a limited amount of cannabis for recreational use from licensed dispensaries across the state.
The law states that employer workplace policies shall be interpreted broadly to protect employee safety. Employers can take action under a reasonable workplace drug policy. They may conduct drug tests, including random tests. An employee or applicant failing a drug test can be subject to discipline, termination, or withdrawal of a job offer.
Physicians are allowed to recommend medical marijuana. Marijuana must be distributed by a licensed pharmacy.
The law does not mention protections for employers or patients.
Employers and their workers’ compensation insurers do not need to pay for medical marijuana in claims filed under the state’s workers’ compensation law.
Louisiana has no laws legalizing recreational 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.
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.
A qualifying patient acting in accordance with the law may not be subject to arrest, prosecution, or civil or administrative penalty for the medical use of marijuana. The law does not address employment issues.
Maryland has no state laws legalizing recreational marijuana.
A person meeting requirements of the law is protected from state prosecution and penalties for medical use of marijuana. There should be no punishment under state law for qualifying patients for medical use under the law. Employers are not required to accommodate on-site medical marijuana use at work.
A person over age 21 may use and possess a limited amount of marijuana. An employer is not required to permit or accommodate marijuana use in the workplace. Employers may enact and enforce workplace policies restricting the consumption of marijuana by employees.
A qualifying patient with a registry identification card shall not be subject to arrest, prosecution, or penalty, or denied any right or privilege, including civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for medical use of marijuana under the act. A person is not permitted to undertake any task while under the influence of marijuana when doing so would constitute negligence or professional malpractice. An employer is not required to accommodate the use of marijuana in the workplace, or any employee working under the influence of marijuana.
Michigan voters approved the legalization of recreational marijuana on November 6, 2018. The ballot measure allows people over age 21 to possess, consume, and cultivate a limited amount of marijuana and includes a number of employer protections.
The law does not permit a person to undertake a task under the influence of medical marijuana that would constitute negligence or professional malpractice. Use is not permitted in a place of employment. An employer may not discriminate against a qualified patient in hiring, termination, or any term or condition of employment, unless doing so would violate federal law or cause an employer to lose a monetary or license-related benefit. An employer may not discriminate against or penalize a person based on:
- The person's status as an enrolled patient.
- A positive drug test for marijuana unless the patient used, possessed, or was impaired by medical marijuana at the workplace or during work hours.
Minnesota defines medical cannabis as a species of the genus cannabis plant delivered in the form of liquid, pill, vaporized delivery method, or any other method, excluding smoking, approved by the commissioner of health. The plant form of the drug cannot be legally sold. Marijuana can only be sold to patients with certain conditions.
Minnesota has no state laws legalizing recreational marijuana.
Under the Medical Cannabis Act, which took effect on February 2, 2022, individuals can use medical cannabis to treat certain conditions. The law contains many employer-friendly provisions.
Use of medical cannabis Qualified patients can use medical marijuana to treat debilitating medical conditions including chronic pain, cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, glaucoma, HIV, AIDS, hepatitis, Crohn’s disease, sickle-cell anemia, post-traumatic stress disorder, and other conditions listed in the act.
Medical marijuana products include cannabis flower, cannabis extracts, edible cannabis products, beverages, oils, ointments, suppositories, tinctures, topical products, and beverages. The act limits the amount of cannabis that can be possessed.
Mississippi has no law permitting the use of recreational marijuana.
Missouri voters approved a medical marijuana initiative in November 2018. The initiative amended the state Constitution to allow qualifying patients to use medical marijuana.
Marijuana cannot be used in public, and driving under the influence of marijuana is prohibited.
A person cannot bring a claim against an employer for disciplining or firing an employee for working or attempting to work while under the influence of marijuana.
A person is also prohibited from bringing a claim against an employer for wrongful discharge or discrimination because the employer prohibited the employee or applicant from being under the influence of marijuana while at work.
The Constitutional amendment also prohibits a person from undertaking a task under the influence of marijuana when doing so would constitute professional malpractice, and a person may not operate a dangerous device when under the influence of the drug.
The amendment does not define “under the influence.” An employer may want to exercise caution when taking adverse action for a positive drug test if the test is not for reasonable suspicion of drug use and the employee has a medical marijuana card.
Missouri has no state laws legalizing recreational marijuana.
No adverse action, including follow-up testing, may be taken by the employer if the employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by the illegal use of controlled substances or by alcohol consumption. If the employee presents a reasonable explanation or medical opinion, the test results must be removed from the employee’s record and destroyed.
An employer may include in any contract a provision prohibiting the use of medical marijuana for a debilitating medical condition.
No cause of action The law does not permit a cause of action against an employer for wrongful discharge or discrimination.
Additional rights Other general employee and employee rights with regard to marijuana use are part of the state’s marijuana law.
Workers’ compensation benefits Medical marijuana users who fail a workplace drug test are eligible for workers’ compensation benefits.
Under state law, an individual who fails or refuses to take a drug test in violation of an employer’s written workplace drug policy is disqualified from workers’ compensation benefits. However, there is an exception for medical marijuana users.
Marijuana is a lawful product under Montana state law. An employer may not discriminate against an employee who legally uses marijuana when off-duty and away from the employer’s premises.
Medical marijuana cardholders are exempt from state prosecution for possession of marijuana. Employers are not required to allow marijuana in the workplace.
An employer is not required to modify a job or working conditions for a medical marijuana user based upon reasonable businesses purposes, but the employer must attempt to make reasonable accommodations in certain circumstances.
An employer must accommodate the medical needs of an employee who engages in the medical use of marijuana if the accommodation would not pose a threat, impose undue hardship on the employer, or prohibit the employee from fulfilling any and all job responsibilities.
A person over age 21 may use and possess a limited amount of marijuana. An employer may restrict marijuana use. A public or private employer may maintain, enact, and enforce a workplace policy prohibiting or restricting actions or conduct otherwise permitted under the Regulation and Taxation of Marijuana Act.
Qualified users are exempt from state law from criminal penalties for the therapeutic use of cannabis when the use is in compliance with the law. Users may not possess or be under the influence of medical marijuana in the workplace without written permission of the employer. Employers are not required to accommodate the use of medical marijuana and may discipline an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.
New Hampshire does not have any laws legalizing recreational marijuana.
Under the Jake Honig Compassionate Use Medical Cannabis Act, employers are prohibited from taking a negative employment action against a person who uses medical marijuana based on that person’s status as a medical marijuana patient.
An adverse employment action is defined as refusing to hire or employ an individual, barring or discharging an individual from employment, requiring an individual to retire from employment, or discriminating against an individual in compensation or any terms, conditions, or privileges of employment.
Employers may take adverse action if the employer’s accommodation of medical marijuana use would violate federal law or result in the loss of a federal contract or federal funding.
Employers may prohibit or take adverse action for the possession or use of intoxicating substances during work hours or on workplace premises outside of work hours.
Effective January 1, 2022, the New Jersey minimum wage is $13 per hour.
New Jersey’s recreational marijuana law provides employee protections for off-duty use of the drug but gives employers the right to prohibit marijuana use at work and drug test for marijuana under certain conditions.
The law requires that a marijuana test include a physical examination by a Workplace Impairment Recognition Expert, however, that requirement has been temporarily waived as the Police Training Commission develops standards for impairment recognition expert certification.
New Mexico’s law was amended in 2019 to provide employment protections for medical marijuana patients.
An employer cannot take an adverse employment action against an applicant or an employee based on conduct that is allowed under the state’s medical marijuana law, unless:
- This would cause an employer to lose a monetary or licensing-related benefit under federal law, or
- The employee works in a safety-sensitive position.
An employer may prohibit the use of medical marijuana in the workplace and during the hours of employment, and may prohibit employees from being impaired by marijuana at work or during work hours. An employer may also take an adverse employment action against an employee who uses or is impaired by medical marijuana on the premises of the place of employment or during the hours of employment.
The Cannabis Regulation Act legalized recreational marijuana in New Mexico. The act contains a number of protections for employers.
Under the act, an employer may:
- Prohibit impairment by, or possession or use of, intoxicating substances at work or during work hours,
- Take an adverse employment action against an employee for impairment by or possession or use of intoxicating substances at work or during work hours,
- Adopt and implement a written zero-tolerance policy regarding the use of cannabis products. A zero-tolerance policy may permit the discipline or termination of an employee on the basis of a positive drug test that indicates any amount of marijuana or marijuana metabolite.
An employer is not required to commit any act that would cause the employer to be noncompliant with or in violation of federal law or federal regulations or that would result in the loss of a federal contract or federal funding.
The act does not interfere with an employer’s ability to establish a collective bargaining agreement with employees.
The act took effect on June 29, 2021, and retail sale of commercial cannabis is set to begin on April 1, 2022.
The Cannabis Control Division, which is located in the state’s Regulation and Licensing Department, administers the state’s cannabis regulations.
Individuals suffering from covered medical conditions are permitted to use medical marijuana and will not be subject to arrest for certified use of medical marijuana. The drug cannot be smoked. Employers may prohibit employees from working while impaired by a controlled substance. Being a certified patient shall be deemed to have a disability under the state’s Human Rights Law.
If an employee tests positive for marijuana, it is best to pause before taking an adverse action (such as not hiring, demoting, or firing an applicant or employee). If the applicant or employee is using medical marijuana, the supervisor should engage in the interactive process to obtain more information. Under the state’s human rights law, reasonable accommodations should be considered.
Recreational marijuana users are protected by the state’s Lawful Activities Act and can use marijuana when they are not working. Guidance from the New York Department of Labor indicates that cannabis is a legal consumable product. Because of this, unless an exemption applies, employers cannot discriminate against employees based on an employee’s use of the drug:
- Away from the workplace,
- Outside of work hours, and
- Without use of the employer’s equipment or property.
The discrimination protections apply to all public and private employers in New York State. These protections do not apply to:
- Students who are not employees,
- Independent contractors,
- Volunteers, or
- Individuals under age 21 The law allows employers to do a drug test for cannabis and take action when required to do so under state or federal law.
Marijuana may be used to treat defined debilitating conditions.
An employer may discipline an employee for possessing or consuming marijuana in the workplace or for working while under the influence of marijuana.
A private insurer is not required to reimburse a person for costs associated with the medical use of marijuana.
North Dakota has no statutes regarding recreational marijuana.
Ohio law allows marijuana to be used to treat qualifying medical conditions. The smoking of medical marijuana is prohibited. Oils, tinctures, plant material, edibles, and patches may be dispensed. Vaporization is permitted.
An employer is not required to permit or accommodate an employee's use, possession, or distribution of medical marijuana.
An employer may:
- Enforce a drug testing policy.
- Enforce a drug-free workplace or zero-tolerance drug policy.
- Refuse to hire, discharge, discipline, or otherwise take an adverse employment action against a person because of that person’s use, possession, or distribution of medical marijuana.
- Establish and enforce a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy.
- Receive a discount on workers’ compensation premiums for participating in a drug-free workplace program.
A person discharged from employment because of medical marijuana use is considered to have been discharged for just cause for purposes of unemployment compensation if the person’s use of medical marijuana was in violation of an employer’s drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of medical marijuana.
An employee may be ineligible for workers’ compensation benefits if the employee was under the influence of marijuana at the time of the injury and that use was a cause of the injury.
Ohio has no state laws legalizing marijuana for recreational purposes.
A person with a state-issued medical marijuana license can consume marijuana legally. An employer may not discriminate against a medical marijuana patient or take action solely on the basis of a positive drug test, but the amended law (which took effect in 2019) provides several exceptions — including an exception for employees in safety sensitive positions.
An employer is not required to permit or accommodate the use of medical marijuana on the property or premises of any place of employment or during hours of employment. An employer may have written policies regarding drug testing and impairment in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act.
Oklahoma has no laws legalizing recreational marijuana.
A person who possesses a registry identification card may use medical marijuana to mitigate symptoms of a debilitating medical condition. An employer is not required to accommodate medical marijuana in the workplace. An employer may receive the name of a qualifying cardholder from the patient registry if the patient releases that information.
The state Supreme Court ruled in 2010 (Emerald Steel Fabricators v. Bureau of Labor and Industries) that an employer is not required to accommodate an employee's use of medical marijuana.
A person over age 21 may possess and use a limited amount of marijuana. The law may not be construed to amend or affect in any way state or federal law pertaining to employment matters.
Pennsylvania’s medical marijuana law establishes a medical marijuana program for patients suffering from serious medical conditions. The drug may only be dispensed in certain forms and cannot be smoked.
An employer may not discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of the employee’s status as an individual certified to use medical marijuana.
An employer is not required to accommodate the use of medical marijuana in the workplace. An employer may discipline an employee for being under the influence of medical marijuana or for working while under the influence of medical marijuana if the employee’s conduct falls below the standard of care normally accepted for that position.
A patient may not operate or be in physical control of any of the following while under the influence with a blood content of more than 10 nanograms of active THC per milliliter of blood in serum: (i) chemicals which require a permit issued by the federal government or a state government or an agency of the federal government or a state government. (ii) high-voltage electricity or any other public utility. A patient may not perform any employment duties at heights or in confined space.
A patient may be prohibited by an employer from performing any task which the employer deems life-threatening, to either the employee or any of the employees of the employer, while under the influence of medical marijuana. A patient may be prohibited by an employer from performing any duty which could result in a public health or safety risk while under the influence of medical marijuana.
Courts have ruled that:
- The state’s medical marijuana law provides for a private right of action and employees can bring lawsuits under law.
- Medical marijuana patients can file lawsuits against employers because of the law’s anti-discrimination protections.
- The law does not mandate accommodation of marijuana use.
- An employee with a medical marijuana card who is fired for a failed drug test may qualify for unemployment benefits.
Pennsylvania has no statutes regarding recreational marijuana.
A qualifying patient with a registry identification card shall not be subject to prosecution for the medical use of marijuana, providing that the amount possessed does not exceed established limits.
An authorized cardholder shall not be denied any right or privilege, including disciplinary action by a business or occupational or professional licensing board or bureau, for the possession of marijuana.
An employer may not refuse to employ or otherwise penalize a person solely based on his or her status as a cardholder. There is a presumption that a cardholder is engaged in the medical use of marijuana if the cardholder has an identification card and possesses marijuana within legal limits.
An employer is not required to accommodate the use of medical marijuana in the workplace.
Rhode Island has no state laws legalizing recreational marijuana.
Voters passed Measure 26 in November 2020 to legalize medical marijuana. Under the new law, individuals with a debilitating medical condition can possess a maximum of three ounces of marijuana.
Employers must treat medical marijuana cardholders as they would a person who is taking a pharmaceutical medication. This pertains to the medical marijuana cardholder’s interactions with the employer, workplace drug testing, and drug testing required by a state or local law, agency, or government official.
Employers may discipline employees for ingesting marijuana in the workplace or for working while under the influence of marijuana. However, they may not use a drug test showing “insufficient concentration to cause impairment” to prove a qualifying patient is under the influence of marijuana. (Note: There is no universally accepted concentration of marijuana that proves impairment.) The law does not apply to an employer if it would conflict with the employer’s obligations under federal law or if it would disqualify an employer from a monetary or licensing-related benefit under federal law.
The law was scheduled to take effect on July 1, 2021, but the effective date has been delayed to July 1, 2022.
Constitutional Amendment A, passed in November 2020, legalizes recreational marijuana but it is being challenged in court.
The amendment allows individuals over age 21 to possess up to one ounce of marijuana.
Under the amendment, employers are not required to permit or accommodate conduct authorized by the law. An employer may restrict the use of marijuana by employees.
On February 8, 2021, the Sixth Judicial Circuit Court ruled Amendment A to be unconstitutional. An appeal is pending before the South Dakota Supreme Court.
If the amendment is ruled to be constitutional, the state’s Department of Revenue will issue rules and regulations to enforce the law.
Texas allows the use of low-THC products for certain medical purposes, but the law does not contain employment protections for applicants or employees.
Under Texas’s Compassionate Use Program, low-THC products may be used for medical conditions outlined in state law. This includes epilepsy, a seizure disorder, multiple sclerosis, autism, cancer, non-terminal cancer, and post-traumatic stress disorder. It also includes medical conditions designated by the Health and Human Services Commission as part of an approved research program.
Low-THC cannabis is defined as any part of the cannabis plant and any resulting compound, salt, mixture, manufacture, preparation, resin, oil, or derivative that contains a maximum THC level of 1 percent by weight.
The product must be swallowed. It cannot be smoked.
Texas has no state laws legalizing marijuana for recreational purposes.
The Utah Medical Cannabis Act allows medical marijuana to be recommended for patients with specific qualifying conditions. Medical marijuana cannot be smoked.
Under the Utah Workers’ Compensation Act, an employer is not required to pay or reimburse for cannabis, a cannabis product, or a medical cannabis device.
The Utah Medical Cannabis Act includes nondiscrimination provisions for government employers but does not mention private employers. The state or any political subdivision is to treat an employee’s use of medical marijuana in the same way it treats employee use of opioids or opiates. This does not apply if it would jeopardize federal funding for the employee’s position.
A state employee who is eligible for retirement benefits would not lose benefits for legally using marijuana under the Utah Medical Cannabis Act.
The state’s Department of Agriculture, Department of Health, Department of Public Safety, and Department of Technology Services oversee the electronic verification system facilitating the recommendation, dispensing, and record-keeping for medical cannabis transactions.
Utah has no state laws legalizing marijuana for recreational purposes.
A qualified user is exempt from criminal and civil penalties for use of marijuana to alleviate symptoms of specific medical conditions. A person is not exempt from arrest or prosecution for being under the influence of marijuana in a workplace or place of employment. A person cannot smoke marijuana in a workplace or place of employment. An employer does not need to provide health insurance or workers' compensation coverage for the use of marijuana.
A person over age 21 can possess one ounce or less of marijuana without criminal penalty. An employer may adopt a policy that bans the use of marijuana in the workplace, and an employer is not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace. Employees may not sue an employer if they were discharged for violating a policy that restricts or prohibits the use of marijuana by employees.
Individuals can use cannabis oils and products with less than 10 mg of THC. A practitioner can issue a written certification to patients, who must register.
Employers cannot discharge, discipline, or discriminate against an employee for the lawful use of cannabis oil under a valid written certification from a practitioner for the treatment of an employee’s diagnosed condition or disease.
An employer may take an adverse employment action against an employee for work impairment caused by the use of cannabis oil and may prohibit possession during work hours.
The law does not require an employer to commit any act that would cause the employer to be in violation of federal law or that would result in the loss of a federal contract or federal funding.
A defense industrial base sector employer or prospective employer (as defined by the U.S. Cybersecurity and Infrastructure Security Agency) is not required to hire or retain an applicant or employee who tests positive for THC in excess of 50 ng/ml for a urine test or 10 pg/mg for a hair test.
“Cannabis oil" is defined as any formulation of processed cannabis plant extract, which may include oil from industrial hemp extract or a dilution of the resin of the cannabis plant that contains at least five milligrams of cannabidiol (CBD) or tetrahydrocannabinolic acid (THC-A) and no more than 10 milligrams of delta-9-tetrahydrocannabinol per dose.
Individuals are allowed to possess up to one ounce of marijuana or four marijuana plants. The retail sale of marijuana will begin after January 1, 2024.
Employers are prohibited from requiring job applicants to disclose information about arrests, criminal charges, or convictions for misdemeanor marijuana violations. These records are not open for public inspection.
This does not apply to employers who are required to gather this information under regulations from the Federal Motor Carrier Safety Administration (FMCSA).
The law does not mention drug testing restrictions or discrimination protections.
The Virginia Cannabis Control Authority regulates marijuana.
The use of medical marijuana is legal under state law, but the law includes protections for employers. A qualifying patient may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences for using or possessing cannabis under state law.
Employer protections
Employers may establish drug-free workplace policies. An employer with a drug-free workplace does not need to accommodate the medical use of cannabis.
Court case
In 2011, the Washington Supreme Court ruled that the state’s medical marijuana act did not prohibit an employer from discharging an employee for using medical marijuana. An employer does not need to accommodate an employee’s use of medical marijuana (Roe v. TeleTech Customer Care Management).
Individuals may possess or use marijuana in compliance with state law, but the law does not mention employer obligations or protections.
It is illegal to drive under the influence of marijuana or consume marijuana in view of the public.
The use of medical cannabis is permitted for patients with serious medical conditions under the West Virginia Medical Cannabis Act. Serious medical conditions include cancer, Parkinson’s disease, epilepsy, multiple sclerosis, and Crohn’s disease. A patient, caregiver, or practitioner cannot be subject to arrest for lawful use of medical cannabis. Cannabis cannot be smoked.
Employers may not discharge, threaten, retaliate, refuse to hire or otherwise discriminate against an employee with regard to compensation, terms of employment, working conditions, or privileges solely on the basis of an employee’s status as a qualified medical marijuana user.
Employers are not required to accommodate the use of medical cannabis at the workplace. An employer may discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee’s conduct falls below the standard of care normally accepted for that position.
West Virginia has no recreational marijuana laws.