Many businesses enforce a zero-tolerance policy to drug use in order to create a safe and productive work environment. However, conflicting state and federal laws on the issue of medical marijuana are creating a challenge for employers. No matter your personal opinion on the issue of medical marijuana use, make sure you are handling the situation legally.
The recent increase in states legalizing the use of medical marijuana is slowly working its way through the courts in legal cases. Hopefully, rulings will be made with precedents that can clarify employer’s and employee’s responsibility. But until then, here are a few tips to help your workplace and employees:
- Look at your company’s situation
Companies in some industries, such as those regulated by the U.S. Department of Transportation and those with federal contracts, must not allow marijuana use. - Review and update company policies
Employers should review their current drug and testing policies and update them if necessary, especially if they have offices in states that protect employees with prescriptions for marijuana. - Regularly train and educate
Continuing education should be given to employees regarding drug use and testing. Managers need to know how to respond when they suspect employees are using marijuana or other drugs. - Proceed carefully when disciplining employees
If you suspect an employee has violated your company policy in regard to drug use, don’t immediately rush to fire the employee. In some states, you may not terminate due to failing a drug test alone. The employer may need to prove that the employee was using marijuana at work or was impaired. The company should have a clear process in place for addressing these situations and provide documented evidence of the situation.
Employers should seek good counsel from experts to help them determine legal drug policies and procedures to implement in their business.