Employment Law Commentary – Volume 27, Issue 2: Where There’s Smoke, If There Is Fire? An Analysis Of Employer Termination Legal rights For Worker Off-Duty Marijuana Use

Using the recent rise in the amount of claims that have “legalized” or decriminalized some type of marijuana use, increasingly more companies have requested themselves whether or not this remains allowable to terminate employees using marijuana off-duty.

The straightforward response is “yes,” but whether an worker has any kind of protection is dependent around the particular condition where the worker works. Twenty-seven states and also the District of Columbia presently have laws and regulations enabling using medicinal marijuana under certain conditions, only nine of those states (Arizona, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New You are able to, and Rhode Island) provide any employment protections for marijuana customers.

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