I live in a marijuana-friendly state. Do I have to allow employees to use and possess marijuana at work?

No! Even states that have authorized the use of marijuana for adult recreational or medicinal purposes allow employers to prohibit the use and possession of marijuana and marijuana products at work. Moreover, every state permits employers to discipline workers who come to work impaired by marijuana or marijuana products.

Many employers prohibit the use and possession of marijuana and marijuana products – that is, products that contain THC, the psychoactive chemical in marijuana – in their workplaces. This is a good idea not only because marijuana remains illegal as a matter of federal law but because employers can be held responsible for employees who commit negligent or reckless acts while under the influence of marijuana.

Cannabinoid or “CBD” products may claim to be legal throughout the U.S., but such claims are often false. Lab tests of CBD products show that they frequently contain unacceptable amounts of THC, even if they claim to be “CBD only.”

Because an employer will not be able to determine whether these products are lawful as a matter of federal law, it’s recommended to prohibit the use and possession of CBD products at work as well.

The use of CBD products is not a legitimate excuse for a positive drug test, either.

Employers need not permit or accommodate the use or possession of marijuana or marijuana products at work, and are permitted to discipline workers who come to work impaired, even in jurisdictions that permit the use of marijuana for recreational or medical purposes.