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until January 1st. Now’s the best time of year to switch to Homebase Payroll.Get Started

Do I have to change my drug policy if marijuana is legal?

If marijuana is now legal in your state, what does that mean for your drug test dos and don’ts and for you as an employer? A lot of employers ask: do you have to allow your employees be high on marijuana at work if it’s legal in your state? Or if they’re not high at work but they test positive for it in their system, do you still have to hire that employee?

And, again, I always come back to performance. It’s much simpler to just base it on performance. Is the employee performing or not?If they’re operating heavy machinery or it’s a safety concern, you do not have to allow marijuana usage.

We think this year it’s going to continue to be tested in the courts and continue to be a litigious issue. So if you can just avoid marijuana entirely by focusing on performance, that’s always best.

Remember this is not official legal advice. If you have any concerns, it’s best to consult an employment lawyer. 

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