In the last decade, the number of states and localities that have legalized marijuana for medical and  recreational purposes has expanded rapidly. Some states now require employers to expressly accommodate marijuana use by their employees, make medical marijuana users a protected class for non-discrimination purposes, and limit practices such as drug screening applicants.

This legal expansion follows growing cultural acceptance and prevalence of marijuana use by the American workforce, an issue that is exacerbated in fields like healthcare where labor shortages persist. In light of these developments, healthcare employers should revisit their approach to marijuana in the workplace in order to create and implement a practically effective and legally compliant position that properly protects the interest of the organization, its caregivers and patients.

This white paper provides an overview of the relevant laws,  emphasize their key provisions and provide a focused discussion on the extent to which marijuana users are entitled to protections under the different approaches taken by states. It will also summarize legal and practical limits on workplace drug testing and offer best practice guidance for developing a comprehensive legally compliant organizational approach to workplace marijuana.