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Maine: Employer Drug Testing Limited by Recreational Marijuana Law

APPLIES TO

All Employers of ME Employees

EFFECTIVE

February 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Maine citizens voted to legalize recreational marijuana use in 2016. While recreational use of marijuana is permitted, the law allows employers to prohibit the consumption, possession, trade, display, transportation, sale, or growing of marijuana in the workplace, and employers could still maintain substance abuse policies at work.  However, the drug testing provision related to recreational marijuana use, effective February 1, 2018, significantly limits an employer’s ability to perform drug tests.

Vermont: Lawmakers Legalize Recreational Marijuana

APPLIES TO

All Employers with VT Employees

EFFECTIVE

July 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This year, Vermont joins several other states in legalizing recreational marijuana use, and the first state to do so through its legislature. Effective July 1, 2018, H. 511 allows adults over the age of 21 years old to possess up to one ounce of marijuana and cultivate their own marijuana plants.

Though the bill permits recreational use and cultivation of marijuana, it does contain specific limitations. For example, marijuana use is prohibited in any public place, defined as street, alley, park, sidewalk, public building other than an individual dwelling, or any place of public accommodation, and selling marijuana is still illegal.

Furthermore, employers can rest assured—the bill explicitly states that nothing in the new law requires employers to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana within the workplace. Employers are still permitted to implement and enforce substance abuse policies in the workplace.

Action Items

  1. Review the text of H.511 here.
  2. Have substance abuse policies updated to include a drug-free workplace provision addressing marijuana.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

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