For small business owners in safety-sensitive industries like construction, transportation, and manufacturing, understanding how evolving marijuana laws affect your workplace is crucial. With marijuana legal for use in many states, maintaining a safe and compliant workplace requires careful planning and up-to-date policies.

Marijuana and Federal Law

Despite state-level legalization, marijuana remains a Schedule I controlled substance under federal law—alongside heroin, LSD, and ecstasy. If your business has federal contracts, operates on federal property, or employs workers in federally regulated positions like truck drivers or airline pilots, marijuana use is strictly prohibited. Employees in these roles can never possess or have any amount of THC in their system, no matter what state law allows.

Employers should be aware that liability concerns are significant. THC impairs judgment, reaction time, and motor skills, which can increase the risk of workplace accidents, especially when employees are operating machinery or driving. Workers’ compensation insurers expect proactive steps to minimize these risks, and ignoring marijuana-related impairment could lead to costly lawsuits. In states like Florida, you can even get workers’ compensation program discounts for having a drug and alcohol-free policy in place – check out our website here for more info!

Keeping Up with State, Region, and City-Specific Laws

Marijuana regulations vary widely by state, and can even vary by region or city, which can make policy enforcement tricky. Some states prohibit discrimination against employees for off-duty marijuana use, while others allow medical marijuana patients certain protections. It’s critical to stay informed about the laws applying to your workplace to avoid compliance issues.

Unlike alcohol, THC can remain in an employee’s system for weeks after use, which complicates drug testing and providing proof of impairment.

The best approach? Use labs certified by the National Institute on Drug Abuse (NIDA) that test for impairment rather than simple THC presence. Train managers to recognize signs of intoxication and follow reasonable suspicion protocols that comply with local regulations.

Policy Updates and Training

Outdated workplace policies can create confusion and unnecessary risks. Small businesses should revise their employee handbooks yearly to:

• Clearly define prohibited substances, including all marijuana products.
• Address vaping and e-cigarette use, as these are common ways employees consume THC.
• Ensure drug-testing policies are compliant with state/regional/city law and reflect your industry’s safety needs.

Manager training is just as important. You can order supervisor training on our website www.ndwa.org.

By staying informed and adapting your policies to this ever-changing landscape, you can protect your business, reduce liability, and create a safer workplace for everyone.

Source: Wulffson, T. (2024, January 3). Evolving Cannabis Laws: 3 Common Mistakes Companies Should Avoid. Retrieved from https://www.hrmorning.com/articles/marijuana-laws-cannabis-in-the-workplace/