(ST. JOSEPH, Mo.) Although recreational marijuana will soon be legal here in Missouri, it is important to be cognizant of your employer’s expectations of marijuana usage.
While employers still remain the right to regularly drug test and prohibit the usage of marijuana during the job, there are certain protections in the amendment for medical marijuana users.
“For medical patients, we added some specific protections for them, which does allow for the employer to maintain a safe workplace. But they cannot terminate or refuse to hire medical patients solely on the basis that they are a patient, or that they have tested positive for THC in their system,” explains Lance Davis, Head of NW Missouri NORML.
Medical users who would have been previously terminated for positive drug tests will be protected under this new amendment.
“Marijuana, the way it is ingested, stays in one’s system for weeks in many cases. So you may have used on a Friday night lawfully at home and come in on Monday, get drug tested, and test positive. The employer in that case, if you’re a medical patient, in the past had tried to terminate these people,” says Davis.
This Amendment prohibits employers from terminating an employee simply because of a positive drug test.
“They need more than just that the person is a medical patient, or that they are testing positive for THC. Typically what that means is there’s got to be some objective indications of impairment,” Davis says.
“Is the person laughing too much? Are they acting funny? Are they having trouble concentrating and focusing that sort of behavioral stuff?” Davis continues.
It’s still important to note that employers are able to have restrictions regarding marijuana usage and possession in the workplace.
“The employer does not have to allow medical patients or adult use consumers to use or possess marijuana on their premises,” Davis says.
Individuals who work in a federally funded or regulated department will be not be protected by this amendment.
Be sure to ask employers to clarify what their specific guidelines are for marijuana usage if unsure.
Be the first to comment