As an employer, you may have concerns about how to address medical cannabis in the workplace. This content is not meant to serve as legal advice or guidance. Elevate Rapid City would encourage you to discuss any concerns with your insurance, HR departments, and legal counsel.
Here are a few areas legalized marijuana may affect your business:
- Discipline for ingestion of cannabis at the workplace and working under the influence of cannabis permitted.
Nothing prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis. (Again, we would encourage you to consult with a labor lawyer to know the options for employers to terminate vs. rights of employees to seek action.)
- Employment and Drug Testing (Source)
A registered, qualified patient shall be afforded the same rights as a patient who was prescribed a pharmaceutical medication as it pertains to any interaction with that patient’s employer, drug testing by the employer, or drug testing required by any state or local law.
- Conflict with employer’s obligations or benefits under Federal law (source)
The rights do not apply to the extent that they would conflict with an employer’s federal obligations or if they would disqualify an employer from a monetary or licensing-related benefit under Federal law.
- Working under the influence of cannabis (source)
No employer is required to allow the ingestion, possession, transfer, display, or transportation of cannabis in any workplace or to allow any employee to work while under the influence of cannabis.
No employer is prohibited from establishing and enforcing a drug-free workplace policy that may include a drug testing program that complies with state and federal law and acting with respect to an applicant or employee under the policy.
- Schools, landlords, and employers not to be penalized. (source)
No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder.
