Now that 1 in 3 Americans lives in a state where cannabis has been legalized in some capacity, U.S. employers must quickly adjust their policies and practices regarding cannabis in the workplace. As employers navigate the changing landscape of regional cannabis laws, we’ve compiled the most common pitfalls so employers can learn from and avoid businesses’ prior mistakes — and the potential employee litigation that may result.
Employers need to be aware of a few things when it comes to cannabis use in the workplace. The first is that smoking marijuana at work can cause negative side effects such as decreased productivity and impaired judgment. This can impact an employee’s job performance and safety if they are on the job while high. If you’re wondering how your company should address these issues, we’ve put together some tips below:
Why is it important?
One of the things that clouds discussion of corporate policy around marijuana use is the fear that marijuana legalization will encourage employees to use it before or during work. This could well happen, and companies are well within their rights to take action to prevent this.
There is a parallel with alcohol use here. It is legal for adults over 21 to buy and enjoy alcoholic beverages. However, companies still have every right to expect an employee not to show up for work intoxicated and not to drink while on the job. Some companies will even offer help to employees who seem to have a drinking problem affecting their work.
In other words, a company can still set strict policies about drinking alcohol in the workplace or while on duty. They have much less say about what employees do on nights and weekends, their “off duty” time. But even then, there are some jobs and circumstances where strict policies can be enforced.
The same should go for marijuana in the workplace. If marijuana is legal in a given state, companies still get to set their own policies about its use. Many opt to tolerate off-duty use since not doing so would drastically shrink their labor pool while setting clear expectations for the workplace.
Clear Company Drug Policy
Company policy should be clear, concise and easy to understand. The policy should be consistent with local laws, state laws and federal laws. If you have employees who travel on business trips that take them outside of your jurisdiction, you should ensure they know how to navigate the cannabis industry while away from home.
Your company’s drug policy should also include information about:
- How long employees can be off work if they need medical marijuana treatment or prescriptions;
- What happens if an employee tests positive for marijuana at work;
- What happens if an employee tests positive for THC (the active ingredient in marijuana) while driving a vehicle owned by your company;
- What happens if an employee gets fired after testing positive for THC while driving his/her own vehicle owned by him/herself
Educate Employees on The Signs Of Impairment
You should also educate employees on the signs of impairment. This will help them recognize impairment in themselves and others and how to respond to it when they see it.
Here are some examples:
- Working too slowly or poorly
- Not paying attention or taking shortcuts during work tasks
- Making frequent mistakes with equipment or supplies
How Cannabis Can Impact Job Safety
- Reaction time and coordination: Cannabis consumption can affect the ability to react quickly and efficiently. This could lead to workplace accidents like slips, trips and falls.
- Memory and attention: Cannabis consumption can impair memory retention, which may impact your ability to do complex tasks at work. You may be more likely to miss deadlines or make errors in judgment if you’re under the influence of cannabis while on the job.
- Cognitive function: The way your brain functions changes after using marijuana regularly. You will experience issues with concentration and decision-making, which could impact how well you perform at work—or even make it harder for you to focus on what needs doing there!
- Hand-eye coordination: If you tend not to use proper hand-eye coordination skills when operating machineries such as mowing lawns or operating power tools like drills, this will become an issue for employers looking for employees skilled in these areas!
Clear Understanding Drug-Testing Methods
You must determine how your company’s drug testing procedure works as an employer. For example, suppose you are a medical marijuana dispensary and require employees who work in the same location as patients to pass a drug test before they can begin work. In that case, you should implement strict protocols for this process. Suppose an employee fails their test and gets fired because of it. In that case, it could be very difficult to prove that they were using marijuana recreationally or medicinally at the time of their termination.
You should also ensure that each employee understands what constitutes a positive result on any form of screening at all times—and that everyone knows exactly what those results mean (e.g., “you failed”). This way, no one gets confused about whether or not there is any way around getting tested again; everyone will know exactly how long until they need another sample taken so that nothing slips through undetected!
Conduct a comprehensive medical cannabis program
The first step to establishing a medical cannabis program is to create a policy and team. A policy outlines what you will do for employees with qualifying conditions, while the team is made up of people tasked with implementing it. To know more about cannabis law, you can read this article.
For example, suppose your company’s medical marijuana program includes prescription drugs. Your policy should specify that prescriptions can only be filled at authorized pharmacies within its network (and no other). You’ll also want to make sure there’s someone in place which can ensure compliance by checking all orders against the lists provided by these pharmacies or having them faxed over directly from their home office.
Conduct Adult and medical use regulated program
You should also be willing to work with your employees on their medical cannabis use. This means clearly understanding the company’s drug policy, educating employees on signs of impairment and how cannabis can impact job safety, and conducting a comprehensive medical cannabis program.
As you can see, many ways to address cannabis in the workplace exist. The key is to keep your company’s values and policies on the topic up-to-date. If anything, this will ensure that employees are informed and protected while they do their jobs.
