Does Weed at Work... Work?

As laws evolve, so must your policies. Here's how experts recommend you should address marijuana's potential impacts on worker safety and productivity - while protecting your organization:

In November 2020, Arizona, Montana, New Jersey, and South Dakota all voted to legalize the use of recreational marijuana, raising the total number of states allowing cannabis use from 11 to 15.

Approximately one-third of Americans now live in a state that allows recreational marijuana use. Millions of these Americans also work. While not everyone who lives in a state that allows recreational marijuana use will choose to partake, employers need to be aware of the effects of marijuana use on their work and their workers.

Legislative Approaches to Marijuana

As voters have expressed their desire to decriminalize marijuana use, state legislatures have enacted several new laws to regulate the use and sale of marijuana products for recreational purposes.

The federal government still treats marijuana as a prohibited substance. In the absence of federal guidance on marijuana legalization, each state is creating its own system to address questions like:

  • How much marijuana may be possessed by one person?
  • Who is legally allowed to have or use marijuana?
  • To what extent can companies set their own policies surrounding marijuana use?

For employers, the patchwork of applicable rules makes it necessary to pay attention to the development of marijuana laws in each city and state where they do business. Policies should be created in a way that complies with all applicable rules.

As research on the effects of marijuana use at work continues to mount, employers have increasing cause for concern. The National Safety Council has stated that "there is no level of cannabis use that is safe or acceptable for employees who work in safety-sensitive positions," advocating that workers who use marijuana be moved to non-safety-sensitive positions instead.

Marijuana at Work: Performance and Safety

Like many drugs, marijuana can affect a user's cognitive and physical processes. THC, the active ingredient in marijuana, may affect depth perception, reaction time, coordination, and the ability to process sensory data effectively.

These effects can be difficult for workers to compensate for on the job, particularly if they do work that requires good motor coordination, planning and thought, and the ability to react quickly in an emergency. The National Institute on Drug Abuse states that workers who tested positive for marijuana use had 55% more accidents, 85% more injuries and 75% greater absenteeism than those who tested negative.

Training managers are vital to creating an effective approach to performance and safety issues. Make sure your managers know which laws apply to the workplace, how marijuana may be used - disguised as edibles, for example - and how to spot the signs that a worker may be dangerously impaired on the job. Also, give managers exact steps to follow if they suspect impairment.

Is Testing Still an Option?

When marijuana was treated as an illegal substance throughout the United States, many employers included screening for marijuana in their drug testing requirements, particularly when the job required workers to be alert.

New laws about marijuana use have muddied the waters when it comes to testing. Some states set minimum thresholds for positive results; in others, rules regarding impairment, such as driving under the influence, are still pending or are being challenged.

First, check applicable state laws to determine whether employers are still permitted to test for marijuana use and, if so, under what circumstances. If you're allowed to test workers, weigh the value of testing against the costs and potential legal risk.

Workers who use marijuana to treat a medical condition may receive additional protection from applicable disability laws, as well. Keep these laws in mind when considering how to enact a testing policy.

Creating Policies for Marijuana Use

For employers, protecting the business from risk is a top concern. When it comes to recreational marijuana use, employers can take several steps to reduce their liability should workers decide to use marijuana.

Start by drafting policies regarding the use of marijuana and work. Examine the laws in every state where your company conducts business; these laws will help the business better understand what is and is not allowed, helping them shape an effective policy.

Then, draft a policy that clearly defines what workers may and may not do when using or possessing marijuana while on the clock. Because the effects of marijuana on the brain and body linger for some time after its use, you may wish to add policies regarding impairment by marijuana.

Each company's policies should account for applicable laws and the business's own needs and culture. Upon considering policy options, some companies may continue to treat marijuana as entirely off limits for employees, while others may decide to take a more nuanced approach.

Regardless of how the policy is structured, clear communication in writing provides a basis for understanding how marijuana intersects with work and what the company may do if an employee violates the policy. Include the policy in the employee handbook and enforce it consistently.

Marijuana law is a rapidly changing field, with different effects and results in other areas of the country. Stay on top of the news that affects your business to make more effective decisions about marijuana use for workers.