Montana Governor Greg Gianforte recently signed two bills designed to establish the framework for recreational cannabis and to begin to implement voter initiatives regarding the sale, use and possession of recreational marijuana.
On April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021.
On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal records.
On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act legalizing the recreational use of marijuana products by adults.
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.
The New Jersey Legislature on December 17, 2020 passed legislation removing marijuana as a Schedule I drug and legalizing personal use of cannabis for adults over the age of 21.
Arizona 2020 voters decidedly adopted Proposition 207 – The Smart and Safe Arizona Act – which legalizes the possession and use of marijuana by adults age 21 and over for recreational or non-medicinal use.
NJ Public Question 1 on this year’s election ballot sought voters’ approval for a constitutional amendment to legalize the possession and use of marijuana for individuals age 21 and older, as well as the cultivation, processing and sale of marijuana.
In almost every U.S. jurisdiction an employer can ask workers who appear to be impaired or otherwise in violation of the employer’s drug and alcohol testing policy to submit to a reasonable suspicion drug test.