Weed in the Workplace – Marijuana Roundup

CANNANNEW REPORT

Marijuana was once again one of the hottest legislative topics across the nation in 2021, and while some states’ new legislation provided greater protections to employers with drug-free and/or zero-tolerance policies, others took a more employee-friendly approach. Employers will have to continue to review, update, and carefully navigate workplace drug policies to ensure legal compliance based on the employee’s locations and whether the employee’s use is medical or recreational. Ashley Bobo Medical Marijuana   Alabama On May 17, 2021, Alabama Governor, Ivey, paved the way for medical marijuana use in Alabama by signing the Darren Wesley ‘Ato’ Hall Compassion Act (“Hall Act”). The Hall Act is narrow in its prescription for permitting the use of medical marijuana and makes clear in its opening provisions that Alabama has no intention of enabling recreational use of marijuana. To ease the minds of anxious employers, the Hall Act explicitly acknowledges that “it is important to balance the needs of employers to have a strong functioning workforce with the needs of employees who will genuinely benefit from using cannabis for a medical use in a manner that makes the employee a productive employee.” As a result, the Hall Act does not require employers “to permit, accommodate, or allow the use of medical cannabis, or to modify any job or working conditions of any employee who engages in the use of medical cannabis.” Employers also are not prohibited from “refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action” as a result of an employee’s medical marijuana use. The law even provides that a worker whose employment is terminated for using medical marijuana or refusing to take a drug test may, in some circumstances, be “legally conclusively presumed to have been discharged for misconduct.” In fact, employers can continue to receive workers’ compensation premium…

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Source : Weed in the Workplace – Marijuana Roundup

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