On November 4, 2014, Measure 91, the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, passed in Oregon. This act legalizes recreational marijuana use, while imposing some restrictions such as maximum legal quantities of possession and prohibited use in public places. The Act goes into effect 30 days after the day it was approved by voters; however, it is not until July 1, 2015 that the personal possession stipulations take effect.
Many states across the country have medical marijuana laws, and Oregon, Washington, Colorado, and Alaska have now enacted personal possession marijuana laws. As we continue see these measures appear on ballots and become law, examining the impacts of such legislature on workplace policies is vital.
A helpful way to understand how to approach marijuana legalization in a workplace setting is to compare it to the laws and regulations surrounding alcohol consumption and possession. Even though both substances are legal to possess and consume, a number of restrictions and regulations surround them and many employers have additional restrictions built into their employee handbooks.
With all this in mind, let’s look at what the law actually entails and a few recommendations for employers looking to know how to approach this new measure in the workplace and to revise their workplace policies. Here are a few key points for employers to keep in mind, recently published by Bullard Law, a Portland law firm:
- Employers are not required to accommodate or tolerate marijuana use
Existing employment laws and prior rulings related to marijuana still stand. At this point, employers are NOT required to allow for marijuana use in the workplace or to allow employees to work while under the influence of marijuana.
- Pay attention to anticipated efforts to change the law
Marijuana legalization is a hot button issue. It’s likely we will see a backlash response to this issue from opponents, as well as discussion around revisions or additions to the Act. Any potential change would have further impacts on a workplace, so keeping an eye on this conversation as it moves forward is highly advisable.
- Employers should review their job descriptions.
As the Act did not include any employment protections to marijuana users, it is recommended that employers take a careful look at job duties and determine which positions may need specific and firm restrictions.
Here is a sample statement to communicate to current employees or candidates for employment with questions regarding a company’s stance on the issue written by Molly Kelley, Senior HR Business Partner at Xenium:
“We have a zero tolerance policy toward all drugs in the workplace, marijuana included. Employees are not to come to work under the influence of drugs or alcohol.”
Additionally, she recommends providing employees with a copy of the policy and consulting with an HR professional or attorney for any specific questions from employees or candidates.
- Employers should review their drug and alcohol policies
As previously mentioned, Oregon employers do not need to loosen their policies. However, it is advised that they reassess their drug and alcohol policies as the number of candidates for employment as well as current employees who openly use marijuana may increase.
We also recommend communicating with your staff about how this Act may impact them if you have not already. Here is a sample memo written by Xenium’s Molly Kelley:
“As most of you have probably heard, Oregon voters approved Measure 91, legalizing recreational marijuana effective July 1st of 2015. There is a lot of confusion around this topic as it is obviously a big change for the entire state. To be clear, we have a zero tolerance policy toward drug use in the workplace. Our policy will not change before or on July 1st of next year and is based on concerns around safety for our employees. If an employee comes to work under the influence, or is at any time while working, under the influence of marijuana or any other drug that impairs performance while here at work, we will enforce our policy. The policy includes the statement that we may discipline up to and including termination of employment, so I want to be very clear on this point, as well as offering to discuss the issue with you. Please let me know if you have any questions on this issue.”
Here is an additional resource on this topic:
Image courtesy of Flickr / Allison Julander