Recreational use of Marijuana becomes legal in Connecticut in 2022, but that doesn’t mean an employer has to now allow employees to work while high. Instead, you will need to treat marijuana use much like you do alcohol or prescription drug use, requiring that employees not be under the influence while working.
Littler, a leading labor law firm, advises that you can still enforce your drug-free workplace rules, but you need to do with extra care:
Notably, the new law expressly permits employers to continue to prohibit employees from engaging in the recreational use of marijuana, subject to certain statutory requirements. Employers that wish to take action based on positive recreational marijuana test results must carefully comply with those requirements. A positive marijuana test result, standing alone, otherwise will be insufficient to justify adverse employment action.
Elizabeth McKenna and Dale Deitchler from Littler (link to full article)
What you should do: Before January 2022, you should update your organization’s Drug Policy (often a part of your Employee Handbook). At New Wind, we can craft for you a custom Employee Handbook, designed specifically for your organization.
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