State Marijuana Laws: Employers Get By With a Little Help From Their Lawyers

State laws permitting the lawful use of marijuana for medical or recreational purposes continue to complicate employer efforts to craft policies concerning employees’ marijuana use. Employers know that employees who work under the influence of drugs or alcohol can cause significant safety problems, reduce productivity, and impact workplace morale. Most employers, therefore, prohibit employees from working while under such influence and fire employees who violate these policies. But off-duty use of drugs and alcohol can also create significant problems in the workplace. Consequently, many employers, encouraged or mandated by some state and federal laws and the requirements of certain government contracts, require job applicants to pass a pre-employment drug test