WASHINGTON, MARIJUANA, AND THE WORKPLACE.
Washington and Colorado are the first two states to reject federal drug-control policy and legalize recreational marijuana use. This law, however, does not change a Washington employer’s right to drug test. An employer may also expect an employee to comply with a drug free worksite policy. Some years ago, Washington passed the Medical Use of Marijuana Act. It has already been determined that this new law does not protect medical marijuana users from adverse hiring or disciplinary decisions based on an employer’s drug test policy. The same holds true for the recently passed marijuana legalization law. Marijuana still remains illegal for all purposes under the federal Controlled Substances Act. Employers do not have to condone illegal drug use, possession or influence at their workplace.
In light of state marijuana legalization efforts, employers should review policies and confirm that illegal drug use under both state and federal law is prohibited, and that company policies prohibit any detectable amount of illegal drugs as opposed to an “under the influence” standard.
In light of state marijuana legalization efforts, employers should review policies and confirm that illegal drug use under both state and federal law is prohibited, and that company policies prohibit any detectable amount of illegal drugs as opposed to an “under the influence” standard.