What should I do if an I smell marijuana on an employee who has just come in from a break?

Talk to the employee and look for other signs of drug use. If possible, have another supervisor, manager, or someone from HR talk to the employee as well. If other signs of drug use are present, such as erratic behavior or speech problems, document them, confront the employee about the issue, and (if other signs support reasonable suspicion) have the employee take a drug test.

In some states, a positive test for marijuana cannot be used as the only proof that an employee is under the influence of the drug if the employee has a valid medical marijuana card. That is why it is important to document any signs that indicate the employee is impaired by marijuana use.

All employees can be prohibited from using the drug at work or from being under the influence of the drug at work. If there are other signs of impairment or indications that the drug was used at work, the situation can be addressed under your workplace policies.