Yes, marijuana currently remains classified as a Schedule I substance under the Controlled Substances Act. This means that the growing, distribution, use, manufacture, and possession of marijuana remain illegal under federal law. Executive Order 12564, Drug-Free Federal workplace, mandates that Federal employees are required to refrain from the use of illegal drugs. Therefore, any marijuana use or handling is illegal for federal employees.

Under President Obama, the Justice Department issued the “Cole Memo” in 2013. The Cole Memo indicated that the federal government would focus its efforts on preventing distribution to minors, preventing criminal enterprises like drug cartels and gangs, preventing the movement of marijuana into states that had not legalized its use, and preventing its use on federal property. Then, Congress enacted a law prohibiting the Justice Department from spending funds to prosecute marijuana users or providers who are acting lawfully according to state law.

However, In January 2018, U.S. Attorney General Jeff Sessions stated that “marijuana is a dangerous drug and that marijuana activity is a serious crime.” He then instructed federal prosecutors to “follow the well-established principles that govern all federal prosecutions” to decide which marijuana activities to prosecute. It remains unclear what impact this will have in states where marijuana use is permitted.

Yes, an employer may choose to accommodate a medical marijuana user however the employer chooses to do so, so long as the employer is not violating any laws.

To find out how these marijuana laws affect the workplace of a particular state in regarding workplace accommodations, scroll down to the information for your state.

Yes, no state law forces employers to tolerate on-the-job use.

Employee’s working in different states must look to the different laws, regulations, and court interpretations. Marijuana legalization is a rapidly evolving area that is highly dependent on a particular statute’s language and court interpretations – as well as the enforcement position of the federal government.

Many states have approved the use of recreational and medical marijuana. To find out how these marijuana laws affect the workplace of a particular state in regards workplace issues such as drug-testing and accommodations, scroll down to the information for your state.

Alaska:

Under Alaska law, there is no requirement for an employer to accommodate any use of medical marijuana or recreational marijuana. Employers can enforce any policies restricting the use of marijuana by employees including drug testing.

Arizona:

Arkansas:

Under Arkansas law, an employer may not discriminate against an applicant or employee based upon the applicants or employee’s past or present status as a qualifying medical marijuana patient. However, an employer is allowed to establish and implement substance abuse or a drug-free policy or drug testing program that complies with state or federal law. The employer is allowed to take action regarding an applicant or employee under the policy. An employer also may discipline an employee who the employer in good faith believes possessed, smoked, or ingested or otherwise engaged in the use of marijuana while on the premises of the place of employment or during the house of employment. However, a positive test result for marijuana cannot provide the sole basis for the employer’s good faith belief or act as the reason to exclude the qualifying patient from being employed.

California:

Recreational and medical marijuana (for individuals who are registered with the state program) use are legal. California prohibits employers from discriminating against employees for legal off-duty marijuana use (medicinal or recreational). The law also bars employers from terminating or disciplining employees for a drug test that comes back positive for THC. Workers can be disciplined or terminated for being high on the job. See the law for more information.

Colorado:

Recreational and medical marijuana (for individuals who are registered with the state program) are legal. Employers are not required to accommodate medical or recreational marijuana use in the workplace. In addition, the Colorado Supreme Court ruled that employers may fire employees who test positive for marijuana, even for off-duty use with a valid medical marijuana card. See the case for more information.

Connecticut:

Recreation and medical marijuana (for individuals who are registered with the state program) use are legal. Connecticut law prohibits many employers from disciplining employees, or denying employment to applicants for off-duty recreational marijuana use, as long as the employee is not intoxicated while at work. The law identifies several classes of “exempted employers” that are not subject to the restrictions.

Delaware:

Recreational and medical marijuana are legal in Delaware. Governor John Carney announced in April 2023 his decision to allow companion bills, HB 1 and HB 2, to become law in the State of Delaware without his signature. The bills which took effect on April 23 and April 27, 2023, respectively, legalized recreational marijuana in the state. See the Delaware website for more information.

For individuals who  are approved for medical marijuana use,

Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:

• The person’s status as a cardholder; or
• A registered qualifying patient’s positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment.

See the law for more information.

District of Columbia:

Marijuana for medical and recreational use is legal in Washington DC. Under the law, employers are not allowed to treat marijuana users unfavorably, even if they test positive for the substance. Furthermore, employers will not be allowed to reject a job applicant, fire, suspend, refuse to promote, or demote an employee, or take any other adverse action against a person because they use marijuana, qualify for medical marijuana, or test positive for marijuana when not intoxicated. See the Washington DC website for more information.

Florida:

Marijuana is legal in Florida for people diagnosed with a specific set of conditions who have applied for and received a Medical Marijuana ID Card.

Under Florida law, the law allows employers to continue to establish or enforce a drug-free workplace program or policy, therefore allowing employers to deny applicants employment and discipline employees who test positive for marijuana on a drug test.

Hawaii:

Medical marijuana is legal in Hawaii for individuals who have registered with the state’s Medical Cannabis Registry Program. Under Hawaii law, drug testing for marijuana is authorized if the applicant or employee received notice in writing of substances to be tested for and has the opportunity to disclose current prescriptions and non-prescription medications. However, Hawaii law protects and employer’s right to a zero-tolerance policy.

Illinois:

Recreational and medical marijuana  (for individuals who are registered with the state program)  use are legal in Illinois. Employers have the right to maintain a drug-free workplace. This means you can be disciplined or fired for using or possessing cannabis during work hours or on company property. Employers must enforce these rules equally for all employees without discrimination. See the law for more information. 

In addition, employer may not refuse to hire an individual or discipline an employee solely on the results of an individual’s drug test indicate the presence of THC on the part of that individual unless the result is above the limits allowed in the state’s DUI provisions of the Illinois Vehicle Code. See the law for more information.

Workplace accommodations for medical cannabis users are impacted by conflicting state and federal laws. Illinois state law offers some protections for medical cannabis patients, but federal laws do not recognize cannabis as a legal medication. This limits the protections available under federal disability laws. If you need accommodations for medical cannabis use, it’s best to consult with a lawyer to understand and manage these complex issues.

Maine:

Under Maine law, an employer may not refuse to employ or penalize someone solely for that person’s status as a qualifying medical marijuana patient unless failing to do would violate federal law or cause the employer to lose federal contract or funding. An employer is not required to accommodate the use of marijuana in any workplace or accommodate any employee working while under the influence. However, an employer may not drug test a person 21 years of age or older for marijuana before hiring, and an employer may not or penalize an employee solely for that person’s consumption of marijuana outside of the employer’s premises.

Maryland:

Under Maryland law, there is currently no effect on existing drug-free workplace policies. In the case of employees who are qualified medical marijuana patients, those employees will still be expected to adhere to company drug test programs and not show up for work while impaired by marijuana use.

Massachusetts:

Under Massachusetts law, an employer is allowed to enact and enforce workplace policies restricting the consumption of marijuana by employees. However, a Massachusetts court rules that employers cannot fire employees using medical marijuana solely for a positive drug test.

Michigan:

Under Michigan law, an employer is not required to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana. Additionally, employees can reasonably be expected to adhere to company rules and regulations including drug testing programs in the interests of maintaining employee safety, performance, and productivity in the workplace.

Minnesota:

Under Minnesota law, unless the failure to do so would violate federal law, or regulations or cause an employer to lose monetary or licensing-related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination, or penalize a person, based upon the person’s status as a patient enrolled in the registry program under medical marijuana law or a patient’s positive drug test for marijuana. However, an employer may discipline an employee or discriminate against an applicant who was impaired by medical marijuana on the premises of the place of employment or during the hours of employment. An employee who is required to undergo employer drug testing may present verification of enrollment in the patient registry as part of the employee’s explanation for a positive test result.

Montana:

Recreational and medical marijuana (for individuals who are registered with the state program) use are legal in Montana. Montana’s nondiscrimination protections regarding recreational and medical marijuana say employers cannot take adverse action against an employee for off-duty use unless:

• It affects the employee’s ability to perform job duties or safety of other employees
• It conflicts with an occupational qualification related to the individual’s employment
• The employee is working under a professional service contract authorizing employer to limit use of marijuana

The law still permit employers to take action based on the use of marijuana while working. Specifically, the law does not:

• Require employers to permit or accommodate recreational marijuana use (or other conduct permitted by the recreational marijuana law) in any workplace or on the employer’s property.
• Prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while intoxicated by marijuana or marijuana products.
• Prevent an employer from declining to hire, discharging, disciplining or otherwise taking adverse employment against an individual because of the individual’s violation of a workplace drug policy or intoxication by marijuana or marijuana products while working.
• Prohibit an employer from including in any contract a provision prohibiting the use of marijuana for a debilitating medical condition.
• Permit a cause of action against an employer under the State’s wrongful discharge or freedom from discrimination law.

See the law for more information.

Nevada:

Recreational and medical marijuana (for individuals who are registered with the state program) use are legal. The state law protecting employees from off-duty legal conduct does not include the use of marijuana, because it remains illegal at the federal level.

However, employers cannot refuse to hire applicant due to positive marijuana test, though there are exclusions for:

• Firefighters
• EMTs
• Positions requiring operation of motor vehicle with federal or state law required drug testing
• Positions that could adversely affect safety of others as determined by employer
• If an employment contract or CBA or federal law provides otherwise
• Positions that are federally funded

Although the law extends protection of legal substance use to the pre-employment stage, it does nothing to limit an employer’s discipline or termination of an employee who is impaired on the job. Employers may still implement drug-free workplace policies and employees may face adverse action for violations.

See the law for more information.

For medical marijuana, the Nevada Supreme Court ruled that an employer is not required to allow the medical use of marijuana in the workplace, nor is an employer required to modify the job or working conditions of a person who engages in the medical use of marijuana that are based upon the  reasonable business purposes of the employer. However, employers are required to attempt” to provide reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not: (a) pose a threat of harm or danger to persons or property or impose an undue hardship on the employer or (b) prohibit the employee from fulfilling any and all of his or her job responsibilities. See the case for more information.

New Hampshire:

Under New Hampshire law, an employer is allowed to discipline an employee for ingesting marijuana in the workplace or working while under the influence. Additionally, drug-testing by employers is not restricted so long as it is done fairly and does not discriminate against a certain class of people.

New Jersey:

Recreational and medical marijuana (for individuals who are registered with the state program) use are legal. New Jersey provides employment protections for off-duty use:

• Employers may not refuse to hire an applicant due to positive marijuana test
• Employers are prohibited from discharging an employee based on positive marijuana test, unless they can demonstrate the employee was impaired at work

Employers do have the right to maintain a drug and alcohol-free work environment.  In-house or contracted Drug Recognition Experts may perform random drug tests for intoxication at work, and may test anyone who appears to be impaired on the job, or who has been in a workplace accident. In addition, An employer does not have to accommodate the medical use of marijuana in any workplace.  See the New Jersey website for more information.

New Mexico:

Under New Mexico law, there is currently nothing that prohibits or regulates drug testing laws for prospective or current employees by their employer. Therefore, employers are allowed to apply for drug testing programs.

New York:

Recreational and medical marijuana (for individuals who are registered with the state program) use are legal in New York State. Employers cannot refuse to hire, fire or discriminate against applicants or employees for off-duty legal use of marijuana.

However, employers may still take adverse action in certain situations:

• Required by state or federal law
• Employee is impaired on the job
• Failing to do so would result in loss of federal contract or federal funding

Guidance from the New York Department of Labor also states that employers cannot test for recreational marijuana use unless one of the above situations is involved or as a result of another applicable law.

Employers MAY take employment action or prohibit
employee conduct where:

• An employer is/was required to take such action by
state or federal statute, regulation, or ordinance, or
other state or federal governmental mandate
• The employer would be in violation of federal law
• The employer would lose a federal contract or federal
funding
• The employee, while working, manifests specific
articulable symptoms of cannabis impairment that
decrease or lessen the employee’s performance of the
employee’s tasks or duties
• The employee, while working, manifests specific
articulable symptoms of cannabis impairment that
interfere with the employer’s obligation to provide a
safe and healthy workplace as required by state and
federal workplace safety laws

See the New York Department of Labor fact sheet for more

For medical marijuana use, a person’s status as a certified patient is considered a disability under the New York State Human Rights Act. Based on this, certified patients have the right to reasonable accommodations.

Employers and businesses open to the public are required to provide reasonable accommodations for a person with a disability. A reasonable accommodation may include a modification or adjustment to a work or public environment to accommodate the patient’s certified use of medical cannabis.

As a certified medical cannabis patient, you have the same rights to reasonable accommodations and amended job duties that are available to injured workers under the workers’ compensation law.
The refusal to make reasonable modifications to policies, practices, and procedures for a person with a disability is an unlawful discriminatory practice. See New York’s fact sheet for more information.

North Dakota:

Under North Dakota law, the law does not prohibit an employer from disciplining an employee for possessing or consuming marijuana in the workplace or for working while under the influence. Additionally, private employers have the option of requiring drug testing for applicants and employees so long as the employer covers the cost of the drug test. Random drug testing is allowed following an employee’s injury or accident, if there is a mandatory policy of testing in place, or there is a reasonable reason to think that the accident or incident was due to drug-caused impairment.

Ohio:

Under Ohio law, an employer is not required to accommodate an employee’s use or possession of medical marijuana. An employer is allowed to refuse to hire, discharge, discipline, or otherwise take adverse employment action against a person concerning hire, tenure, terms, conditions or privileges of employment because of that person’s use, possession, or distribution of medical marijuana. An employer may establish and enforce a drug testing policy, a drug-free workplace policy, or a zero-tolerance drug policy.

Oregon:

Under Oregon law, an employer is not required to accommodate the medical use of marijuana in the workplace. Additionally, an employer still has the option to drug test applicants and employees.

Pennsylvania:

Under Pennsylvania law, a medical marijuana patient may not perform any employment duties at heights or in confined spaces, including mining, while under the influence. A medical marijuana patient may be prohibited by an employer from performing any task which the employer deems life-threating, to either the employee or any of the employees of the employer, while under the influence of medical marijuana. A medical marijuana patient also may be prohibited by an employer from performing any duty which could result in a public health or safety risk while under the influence of medical marijuana. An employer is not required to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. Additionally, drug testing is not restricted, unless an employee establishes discrimination, defamation, or invasion of privacy.

Rhode Island:

Vermont:

Under Vermont law, an employer is not allowed to conduct random drug test except when required by federal law. However, employers are allowed to drug test applicants after a conditional offer of employment has been made or if there is a reasonable suspicion that the employee was impaired on the premises of the workplace or during work hours.

Washington:

West Virginia:

Medical Marijuana is legal in West Virginia. Recreational marijuana is not legal. Under West Virginia law, the law prohibits employers from discharging, threatening, refusing to hire or otherwise discriminating again an employee regarding an employee’s compensations, terms, or conditions solely because of the employee’s status as a qualified medical marijuana patient. However, employers are not required to make an accommodation for the use of medical marijuana on the property or premises of any place of employment. 

Additionally, employers are allowed to discipline an employee for being under the influence of medical marijuana in the workplace or for the working while under the influence of medical marijuana when the employee’s conduct falls below the standard of care normally accepted for that position. An employer is not required to commit any act that would put the employer in violation of federal law. An employer may prohibit a medical marijuana patient from performing any task which the employer deems life-threatening or a public health or safety risk to either the employee or another employee while under the influence of medical marijuana. See the law for more information.