Marijuana issue may weed out some decisions for Arkansas employers

LITTLE ROCK, ARK. (KTVE/KARD) — The marijuana ballot issue has caused a stir in many states, including Arkansas. For Arkansas employers, the complete impact of the issue passing is a little unknown.

Currently, the state’s law prohibits an employer from discriminating against an employee or applicant if they’re a medical marijuana patient or caregiver. However, an employer is allowed to issue drug tests, have drug testing policies, and discipline an employee for possession, use or being under the influence at work or during work hours.

Federally, the use of marijuana is still illegal, so contractors and businesses working with the federal government may require drug testing of employees. Since there is no agreed metric to determine marijuana intoxication,  testing will reveal only that someone has used the drug, but may not reveal if they’re currently impaired.

If the law is passed, the Arkansas General Assembly may look to set guidelines for recreational marijuana in January. However, it is still very uncertain on how exactly this issue will affect Arkansas employers if passed.

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