Where do you stand on medical marijuana? What kind of impact can it have on your business?
In regulated industries like railroads, airlines, and truck and bus companies, the rules are black and white. There is NO provision for medical marijuana.
But what about other workers? The state of New Jersey has proposed a new law to protect the jobs of marijuana users. According to their assembly bill 2482, the employer would need to prove that marijuana impairs the workers ability to do their job. Right now they are just targeting “medical marijuana” but it looks like a slippery slope to us. It would be easy to add recreational use to the laws.
Sound crazy? Already a law in Arizona, Connecticut, Delaware, Illinois, Maine, Minnesota and Nevada is the employees right to use medical marijuana. The laws in each of these states differ in some ways but boil down the same. It is the employer that must prove that the user can not do the job while having marijuana in their system.
The entire burden is on the employer. Even if you had already set up a drug testing program for your employees that states marijuana is one of the drugs tested for in your ongoing testing program, doesn’t matter! In those states, failing a drug test by having a positive for marijuana is not grounds for termination. You as the employer must prove that their job performance is affected.