By Jasmin Rojas,
The
recent elections certainly saw a great deal of change across the
country. Significantly, voters in two states—Oregon and Alaska—and in
the District of Columbia have approved the use of recreational marijuana. They join Colorado and Washington, both states that have already passed similar laws.Luxury French Lingerie
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Alaska’s law allows adults 21 and older to possess up to one ounce of pot and maintain six marijuana plants. The measure legalizes production and sales, which the Alcoholic Beverage Control Board—or a Marijuana Control Board, if one is created—will regulate. The measure also taxes marijuana.
The ballot initiative in the District of Columbia allows adults 21 and older to possess up to two ounces of marijuana for personal use, grow up to six plants, and give marijuana to other adults 21 and older. It doesn’t legalize, regulate, or tax sales.
Oregon’s law takes effect on July 1, 2015, and Alaska’s law will become effective in about a year (90 days after the election is certified, followed by a nine-month period to create regulations).
With respect to the District of Columbia, it is unclear whether the law will become effective because, as a district, it is subject to Congressional and Presidential approval. Given that marijuana is illegal under federal law, many believe that the federal government will block the measure from becoming law.
What does this mean for employers?
In Alaska and the District of Columbia, the laws explicitly state that they are not intended to require an employer to permit or accommodate the use of marijuana at work or affect employer’s abilities to restrict marijuana use. Both laws also prohibit driving while under the influence of marijuana.The Oregon law provides that it is not intended to affect any state or federal law pertaining to employment matters, or to exempt a person from a federal law.
Employers in these states, and in states that allow the use of medical marijuana, should keep in mind that they have a right to maintain a drug-free workplace. However, it is important to check your state’s laws as some states have specific mandatory drug testing laws and others have voluntary regulations.
The best practice for employers is to understand their state’s laws and have a precise, written workplace drug usage and testing policy that unmistakably states an employee cannot have, use or be under the influence of marijuana in the workplace.
Also include language about your expectations of employee behavior while at work. For example, just because an employee may be using marijuana for medicinal purposes, that does not mean they can be falling asleep at their desk. HR.BLR.com has a variety of resources that can provide assistance in creating policies about drug-free workplaces.
 Jasmin M. Rojas, JD, is a Legal Editor for BLR’s human resources and employment law
publications. Ms. Rojas has several years of experience as an attorney
and writer in the field of human resources and has published numerous
articles on a variety of human resources and employment topics,
including compensation, harassment, discrimination, work/life issues,
termination, and military leave. Ms. Rojas has also presented seminars
and conducted supervisory training on issues including, but not limited
to, sexual harassment and other forms of workplace harassment, ADA,
FMLA, internal investigations, workplace violence and workplace
privacy.Before starting her career in publishing, Ms. Rojas advised and represented employers before state courts and administrative agencies on labor and employment law matters such as claims of unfair labor practices, discrimination, wrongful discharge, retaliation, sexual harassment, unemployment and employee discipline. Ms. Rojas is a cum laude graduate of Western New England University, School of Law, and is an avid basketball and rugby fan. |
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