With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations.
Quick Hits
- States have begun to pass laws that protect employees’ lawful off-duty marijuana use.
- California, Minnesota, Montana, New York, and Washington all have specific laws that protect off-duty marijuana use.
- The recreational marijuana laws of Connecticut, New Jersey, and Rhode Island explicitly protect employees’ off-duty recreational marijuana use.
As a reminder, at the federal level, marijuana is still classified as a Schedule I drug under the Controlled Substances Act. However, the recreational use of cannabis has been legalized in twenty-four states, three U.S. territories, and the District of Columbia—and that number continues to climb. With the rise of recreational legalization, states have begun to pass laws—or amend existing off-duty conduct laws—to protect citizens from adverse employment action due to their legal, outside-of-work, enjoyment of marijuana.
Currently, the following states have specific laws providing for off-duty conduct protections that expressly include lawful marijuana use: California, Minnesota, Montana, New York, and Washington.
California
In addition to restricting an employer’s ability to take adverse action based upon the results of certain types of marijuana tests, Assembly Bill (AB) 2188 prohibits employers from taking…
