Recreational Marijuana Use Legalized in Four States, But Employers' Ability to Enforce Workplace Drug Policies Undisturbed

November 14, 2016

While the presidential election took center stage earlier this week, five states – Arizona, California, Maine, Massachusetts, and Nevada – voted on whether to legalize the use of recreational marijuana. Voters in four of these states – all but Arizona – approved the measures. Each measure expressly allows employers to maintain their existing drug and alcohol free workplace policies, or to adopt new ones. Employee drug testing is not addressed.

Therefore, in light of statutory language expressly maintaining the status quo for employers’ established drug and alcohol policies, it can be assumed that an employer’s ability to drug test employees also remains the same consistent with existing state law.