Marijuana in the Workplace: Distinguishing Between On-Duty and Off-Duty Consumption

Ohio State Public Law Working Paper No. 481

Drug Enforcement and Policy Center, No. 4, May 2019

13 Pages Posted: 9 Jul 2019

See all articles by Tyler Aust

Tyler Aust

Ohio State University (OSU), Michael E. Moritz College of Law, Students

Date Written: May 4, 2019

Abstract

The proliferation of legal marijuana foretells an uncertain future for businesses that implement zero-tolerance drug policies. In states where recreational marijuana is legal, businesses still have the power to enforce drug policies through employment contracts. That changed in Maine, where state law prohibits employers from making adverse employment decisions based solely on an employee’s off-duty use of marijuana. As legalization efforts sweep across the Midwest, it is unclear whether other states will follow Maine’s model. Some businesses have already relaxed pre employment marijuana testing amid labor shortages. To prepare for the future, employers should revise their drug policies to distinguish between on-duty and off-duty marijuana consumption and allow employees to use marijuana outside of the workplace.

Keywords: off-duty use, marijuana consumption, employment repercussions, employment rights, cannabis, marijuana

Suggested Citation

Aust, Tyler, Marijuana in the Workplace: Distinguishing Between On-Duty and Off-Duty Consumption (May 4, 2019). Ohio State Public Law Working Paper No. 481. Available at SSRN: https://ssrn.com/abstract=3387431 or http://dx.doi.org/10.2139/ssrn.3387431

Tyler Aust (Contact Author)

Ohio State University (OSU), Michael E. Moritz College of Law, Students ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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