Aug 04, 2021
Best Practices and Tips for Employers
This guide generally uses the word cannabis to refer to marijuana because cannabis is the more scientifically accurate name. For HR purposes, however, the terms cannabis and marijuana are interchangeable. Nonetheless, to avoid possible confusion, the state-specific notes below use whichever term the particular law uses.
State laws regarding cannabis change rapidly compared to other employment laws. Consequently, recent changes may not be reflected here. The chart featured below is general HR guidance; employers with additional questions should contact an attorney for a legal opinion as well as their insurance carriers.
Cannabis laws vary from state to state. Multistate employers should review the laws of all states where they have employees.
Employers should be aware that other laws (besides the state cannabis law) may implicate employers’ ability to regulate employee cannabis use,including but not limited to:
1. Federal laws (e.g., Department of Transportation regulations, the Drug Free Workplace Act);
2. State disability discrimination law;
3. Lawful off-duty conduct law;
4. Religious accommodations;
5. Wrongful termination in violation of public policy; and
6. State drug testing law.
Currently, employers may have a drug policy prohibiting employees from using or working under the influence of cannabis. However, employers should review potential obligations under both the applicable cannabis law and the laws listed above when they apply their policy. If an employee requests an accommodation to use cannabis during work or to work while under the influence of cannabis, employers should consult with an attorney.
From an HR perspective, the risk-tolerant approach is usually to terminate an employee who tests positive for cannabis and deal with a potential lawsuit. In contrast, the risk-averse approach is usually to accommodate off-duty cannabis use (absent undue hardship or direct threat).
Employers should note that municipal cannabis laws, eligibility for unemployment insurance, and covered expenses under workers’ compensation laws are outside the scope of this chart. Click the link below to view the full cannabis law chart for all fifty states!
Dec 18, 2025
The One Big Beautiful Bill Act, signed into law on July 4, 2025, introduced a significant change to business taxes by making it permanent for businesses to deduct 100% of the cost of certain assets in the year they are purchased. Read through for an introduction to what this means, why it matters and how it works.
Dec 17, 2025
The One Big Beautiful Bill Act, recently signed into law, extends most of the Tax Cuts and Jobs Act’s provisions, adds new tax laws, and ends some tax provisions. The new rules are complex and controversial. Read through to see how they may affect you.
Dec 16, 2025
Company policies, procedures and information offer employees — both new and current — a place to turn when they have questions about company information. Read through to learn how to streamline policies with templates.
Dec 15, 2025
States are shifting the way they enforce labor laws by treating wage theft as a criminal offense rather than a civil infraction. And the penalties can be tough! Read through to see what might be prosecuted as serious theft.
Nov 20, 2025
It's a controversial topic: How much paid time off should you give your employees? Smart companies give more than the minimum, knowing that some employees value time off even more than a salary raise. Read through for some thoughts on a good vacation policy.
Nov 19, 2025
Employee reviews are often seen as monotonous, checklist-based meetings that may or may not end with a raise. Read through for six quick tips to elevate your company's culture through a smarter employee review process.
More News & Press can be found in our Archive.
