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Legally Speaking - July-August 2017


The Importance of Clarifying Employee ‘Impairment’ As Marijuana Laws Evolve

As more states continue to legalize marijuana for medicinal purposes and even recreational use, employers’ rights and responsibilities are beginning to change. The mere detection of marijuana in a urine sample may not justify discharge in some states. Proof of impairment may be needed. Even in those states where impairment is not the focus, the wording in an employer’s policies prohibiting drug use in the workplace may unintentionally require impairment as a necessary element for discharge. Proving impairment from marijuana usage is not a simple matter determined by a urine test. Something more is required.

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