Protection for Marijuana Use & Pre-Employment Testing – Know the Law

New York became the latest state to legalize recreational cannabis on March 31. A majority of Americans now have access to marijuana, medically or recreationally.

While states continue to legalize medical and recreational marijuana, these laws don't allow workers to be under the influence on the job, but some laws may limit employers' disciplinary options and provide employment protection for off-duty use.

Employers should be aware of their ability to discipline an employee for being under the influence of marijuana. For instance, in Illinois, an employee who is found to be under the influence of marijuana needs to be provided a reasonable opportunity to respond to any resulting disciplinary action.

Nevada and New York City passed laws starting in January of 2020 that prohibit employers from considering a pre-employment marijuana test result, though both laws have exceptions for safety-sensitive positions and jobs regulated by federal programs that require drug testing.