Medical Marijuana in the Workplace

[MSWR0319]

I'm on the board of a non-profit. It's come to our attention that one of our employees has a medical marijuana card. Someone complained a few weeks after the incident that said employee smelled like marijuana. Our current drug policy states that the workplace should be a drug free environment and employees should not be under the influence. It also states that you can randomly test. However, for someone with a medical marijuana card they could still test positive even if they aren't under the influence at the moment, so that doesn't prove that someone who smells like weed is actually high and unable to do their job if there is a complaint about someone at work. So, as a board we've been trying to figure out the best policy(maybe we change it to drug free employees for example) and how we want to handle it. I don't know if there's anyone here in HR in a state with a medical marijuana, but I'm curious how other companies handle their drug policies now that medical marijuana comes into play. I'd love to hear thoughts, even from those who aren't in HR is they have experience with this through their workplace or thoughts on what a policy should look like.

[AnnieW625]

If your policy says drug free and employees should not be under the influence then I think you can legally require them to be drug tested. I would check with your state’s labor board or your legal representation.


Sent from my iPhone using Tapatalk

[SnuggleBuggles]

If they aren't impaired on the job, I have no problem with medical or recreational usage. I think drug testing is going to go by the way of the dinosaur in not too long as a result of the proliferation across the country of access to (state) legal (not federal legal) marijuana. To me, it's like trying to tell people they can't have a job because they have a glass of wine with dinner...if you could test for alcohol it is the same thing as testing for marijuana, imo. But, that is just my non HR take on it all.
eta- I have never worked anywhere with drug testing nor has dh or the kids.

[AnnieW625]

If they aren't impaired on the job, I have no problem with medical or recreational usage. I think drug testing is going to go by the way of the dinosaur in not too long as a result of the proliferation across the country of access to (state) legal (not federal legal) marijuana. To me, it's like trying to tell people they can't have a job because they have a glass of wine with dinner...if you could test for alcohol it is the same thing as testing for marijuana, imo. But, that is just my non HR take on it all.
eta- I have never worked anywhere with drug testing nor has dh or the kids.

Yes but you aren’t supposed to be impaired on the job or operate a vehicle while impaired. It really boils down to what type of work this person is doing. Are they or aren’t they a liability if they are working impaired? Same rule should apply to marijuana gummies because those can’t be smelled at all.

Neither DH nor I work somewhere where drug testing is required and back in the office days I know for sure there were people in my building who imbibed on substances like alcohol or marijuana at lunch (and this was way before marijuana was legal in California) and you could smell it on them. Did I report them no because I didn’t work with them, but if someone is concerned them maybe the boss at least needs to talk to them.

A person having a medical marijuana card is a private matter and should not hinder their chances of being gainfully employed, but showing up high and not being able to work is another issue.


Sent from my iPhone using Tapatalk

[SnuggleBuggles]

Yes but you aren’t supposed to be impaired on the job or operate a vehicle while impaired. It really boils down to what type of work this person is doing. Are they or aren’t they a liability if they are working impaired? Same rule should apply to marijuana gummies because those can’t be smelled at all.

Neither DH nor I work somewhere where drug testing is required and back in the office days I know for sure there were people in my building who imbibed on substances like alcohol or marijuana at lunch (and this was way before marijuana was legal in California) and you could smell it on them. Did I report them no because I didn’t work with them, but if someone is concerned them maybe the boss at least needs to talk to them.

A person having a medical marijuana card is a private matter and should not hinder their chances of being gainfully employed, but showing up high and not being able to work is another issue.


Sent from my iPhone using Tapatalk

But my first sentence was "If they aren't impaired on the job, I have no problem with medical or recreational usage"

So, the expectation would be that they aren't impaired when working and that would be in the employee handbook. I would imagine it could open you up to discrimination lawsuits if you you won't allow people with a medical marijuana dx and card to work.

[JBaxter]

DHs company drug tests upon employment if there is an accident / injury or if they seem impaired. He got a friends son a engineering internship but he had to decline because he knew he wouldn’t pass the drug test He does have a medical card but the company can’t take the chance due to insurance reasons. I think it would depend on the roll the employee has and you should check with your workman’s comp/ liability insurance to clarify

[DualvansMommy]

I work at a non profit, granted as an employee and not as board member. We actually ran into this issue about a year ago when one of our colleague was dx with aggressive cancer, she had a medical majiurica card.

What came down to it is the impairment aspect AND medical need for it as she was suffering with cancer and sought relief from chemo side effects with weed. She obtained doctors note which went into her HR personal file. The type of work she did was not front client facing work or even in person as she was completely remote to prevent infection and germs if she had to come to office on hybrid schedule.

So I would look at the language of impairment in relation to this employee’s job description, whether it’s front customer/client facing position, working with sensitive info or risky machines. Also see if you as an employer can require doctor note for liability insurance. We also live in a state where it is legal.


Sent from my iPhone using Tapatalk Pro

[mmsmom]

I have seen policies that say you can not use any substances during work hours. This is the policy for family that works in CO. If you are so sick that you need a substance during the day for medical reasons (marijuana, pain meds) that is impairing then you should not be working.

This is a hot button for me… I work in industrial sales and one of my customers is a glass manufacturer. It is a dangerous environment yet every time I am there I smell marijuana in the parking lot. They do drug test pre-employment and randomly but it does not seem to be a deterrent. It is really scary to think about people operating equipment while they are impaired.

If someone smells like marijuana it is likely they smoked it recently. You can test for presence in the bloodstream which would mean recent usage and will give you levels of chemicals but proving impairment is difficult since everyone is impaired at different levels. Police use blood test when they suspect someone is impaired by drugs while driving.

At my country club, one of the gym class instructors reeked of marijuana. I know they require drug tests to be hired and it is not legal in our state. A member complained and he was fired. I was concerned when he talked about becoming a life guard… you should not be on a life guard stand while high!

My company does drug tests but does not test for marijuana. It is legal in the state where company has HQ. There is a no substances during work hours rule as well.

[AnnieW625]

But my first sentence was "If they aren't impaired on the job, I have no problem with medical or recreational usage"

So, the expectation would be that they aren't impaired when working and that would be in the employee handbook. I would imagine it could open you up to discrimination lawsuits if you you won't allow people with a medical marijuana dx and card to work.

But who is the judge if someone is or isn’t impaired? Drugs effect everyone differently. When I worked in an office I could go to a sanctioned retirement party/work event and buy my own single glass of wine or a beer and eat a large carb laden meal and go back to work. I was okay but I knew my own limits and since the lunches were 2-3 hours by the time I returned I knew I wouldn’t be inebriated. Now if I had gone to the same lunch and only drank and not eaten there I would’ve been a slight chance I was inebriated then I am sure I would’ve been questioned for it. Thank goodness I was smart enough to know not to do that.

Not employing someone with a medical marijuana card could end up with a law suit (medical marijuana I would presume is covered by HIPAA) if it is legal in the state but the employee must still know they need to play by the rules at work especially if it is published.

…..
This is a hot button for me… I work in industrial sales and one of my customers is a glass manufacturer. It is a dangerous environment yet every time I am there I smell marijuana in the parking lot. They do drug test pre-employment and randomly but it does not seem to be a deterrent. It is really scary to think about people operating equipment while they are impaired.
…..

Me too especially for physical jobs like the one you describe (for moving glass). Operating heavy machinery and the like should be tested for automatically. I do workers compensation related work and if someone is high and injured someone else or gets injured while high it is a mess for everyone involved.

Sent from my iPhone using Tapatalk

[MSWR0319]

Not employing someone with a medical marijuana card could end up with a law suit (medical marijuana I would presume is covered by HIPAA) if it is legal in the state but the employee must still know they need to play by the rules at work especially if it is published.


Sent from my iPhone using Tapatalk

In our state you can require your employees to be drug free. So if they get tested and are positive they can be fired, even with a card. You just can’t ask if they have a card. It seems though that a lot of employers still have policies that say drug free workplace. According to the lawyers we’ve talked to so far, they said employers in our state haven’t really figured it out yet for the most part. It sounds like a mess. We’re trying to explore all aspects to make sure we’ve got the best policy for our business.