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While the federal government continues to hold firm, state after state experiments with relaxing or eliminating criminal penalties for marijuana use. Whether your state allows recreational use, medical use, both, or neither, employers are re-evaluating their company drug policies in response. Reaching a workable company drug policy can feel like a balancing act. You need to prevent workers from working under the influence, but you also need to avoid unnecessary battles over drug policy. Here, we explore some of the major recent changes in marijuana laws, consider how they affect company drug policies, and offer factors to consider in the process. (Remember: While this article provides a general overview, it is not a substitute for legal advice. Address specific legal questions to an attorney who is licensed to practice law in your area.) Over the past few decades, employers have increasingly embraced "zero tolerance" workplace drug policies. While these vary in scope and methods, their core message is the same: Having any substances in your body or in your possession is grounds for strict discipline. By the beginning of 2018, however, the landscape changed, and it continues to change. Eight states and the District of Columbia allow adults to use marijuana recreationally, and 28 states allow it for medical purposes. And while some state laws, like Maine's, specifically state the law does not require employers to accommodate use or possession of marijuana in the workplace, employers are still trying to determine whether the zero-tolerance approach to marijuana is in their best interests. When creating or revising drug policies in the face of changing marijuana law, employers have several factors to consider, including: Balancing these factors can be tricky. Fortunately, help is available. The field of marijuana law is relatively new, and many questions remain unanswered. An attorney who specializes in helping employers answer questions about drugs in the workplace is an essential resource for specific guidance. Background Checks: Stay Legal. Hire Smart.
Cannabis Controversy -- Get the Facts
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Is a Zero Tolerance Drug Policy Too Harsh?
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Marijuana and Employer Drug Policies: What's Changing and Why It Matters
Factors to Consider in Crafting a Company Drug Policy
Where to Turn for Help
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