Employers: 4 tips for creating and enforcing marijuana policy in states where pot is legal

As states consider passing laws that allow for legal marijuana usage — and in the few states in which pot is already legal — some confusion may crop up for employers. There may be questions like, if the state allows for legal usage of the drug, are you as an employer still allowed to enforce a no-tolerance drug policy? Do your employees have rights when it comes to using cannabis — or being under the influence — in the workplace? Because the law varies from state to state, the answers can be confusing at best. In fact, Colorado has formed a state Drug Oversight Committee to help answer questions such as these. Here are some of the Committee’s recommendations, as well as items to consider for your particular state. 1)   Find out what your rights are as an employer. Colorado still allows employers to enforce zero-tolerance drug policies, and does not require employers to accommodate those who use marijuana legally. Employers may fire employees after a first failed drug test, even if the only thing the employee tests positive for is THC. The Committee states that most Colorado employers should not have to change their drug policies at all. 2)   Make sure your policies are in writing, are filed with your human resources department, and are available to employees. Employees should know the rules of the company, what the policies are for drug testing (whether random, only after accidents, upon hiring, etc.) and what the consequences are if one fails a drug test. These policies should be distributed to employees upon hiring, and/or should be included in employee handbooks or on a computer network where employees can view it. 3)   Keep up-to-date on legalization efforts, laws and bans in your state. Some states have laws regarding zero-tolerance drug policies, and instead require employees who test positive for drugs to be offered a chance to enter a rehab program for a first infraction, rather than immediate termination. Make sure your HR department keeps an eye on both your city and state legislative bodies, so you’ll understand the law as it applies to your business. Then, if there are any changes to the law, its enforcement, or users’ rights, you’ll be able to update your policies accordingly. 4)   If you update your policies, make sure your employees know what changes have been made. This is just a good HR practice. It’s not fair to employees to change the standards of the company without informing them that expectations have changed. Plus, it may reduce the risk of litigation against the company in the future. What tips would you add to this list? Photo source: flickr]]>