The long-awaited opening of the first recreational marijuana stores in Massachusetts was cheered by cannabis enthusiasts and entrepreneurs, but it doesn’t change the reality that workers can be fired or face disciplinary action from employers for marijuana, even when they use pot outside work, on their own time.
Also, you can still lose out on getting a job if a pre-employment drug test reveals marijuana in your system.
Experts maintain the complexity of cannabis, due to the state ban on cannabis and the ban on state by medical and recreational cannabis laws.
What the law says
The question of the 2016 ballot, in which the cannabis has been legalized by Massachusetts voters, stated that the law would not “affect the authority of employees to enforce and enforce workplace policies that restrict the consumption of cannabis”. Existing private employer policies, including the ability to manage drug tests as a random or as a condition of work.
Legal experts say the commencement of commercial cannabis sales did not change the law, but raised additional questions about weeds and workplace.
Iş At this point, the law is silent about whether the use of non-business entertainment is restricted, ”said Eric LeBlanc, an expert at Cambridge, based in Cambridge. ”However, it is possible for a company to terminate an employee’s off-the-job recreational use due to the general employment-will doctrine in Massachusetts.“
Unlike some other US states, Massachusetts does not have a special law that restricts the ability of private employers to conduct drug tests, and that drug testing policies do not discriminate and address the basic requirements for employees to address publicly.
Unlike alcohol, THC – psychoactive chemical in cannabis – can remain in the system of a person for days or even weeks after the buzz ends. This can easily hit a drug test once a person visits a pot shop and goes back to work, a person who uses cannabis legally over the weekend.
What the courts said?
It has progressed through a court case involving entertainment cannabis and courts in Massachusetts, with the end of employment.
LeBlanc, in the future, probably claims that cannabis was sold in stores. A potential legal path may violate confidentiality.
The law prohibits the use of fun cannabis in the public, and this can be interpreted as the automatic use of recreational recreation.
Last year, the Massachusetts High Court of Justice ruled that employees should request accommodation for medical marijuana workers. The judges decided in favor of a woman whose employment offer was canceled by a marketing firm after it came out positive for marijuana. Earlier, he told the company that he used medical marijuana at home to control Crohn’s disease.
LeBlanc said he could foresee a future case of false termination brought by a doctor who had been authorized by a doctor to apply for a medical pot but had been brought by an employee who had not registered with the state’s medical cannabis program and had chosen to buy drugs in a leisure pot instead.
What Do Employers Do?
Experts say there is evidence that companies in Massachusetts and other states have re-examined their policy on cannabis use.
Some lower THC from drug tests required by prospective employees or limit testing for security-sensitive professions, such as people working on public transport or people using heavy machines.
Tır One of the things I am trying to remind employers and employees of when I am a fun person is that if you’re 21 or older, we need to think about legally buying alcohol, ve says Michelle Lee Flores, who is a partner in Los Angeles-based Akerman law firm, specializing in business and employment cases.
Most importantly, he said, employers are instructing company executives to clearly communicate and communicate cannabis use and drug testing policies. He showed the first confusion in California when commercial captain shops opened on January 1st, when they mistakenly believe that employers can no longer act against marijuana use that is otherwise legal.
LeBlanc sees some employers switch from a universal drug testing policy to an ından evidence-based evrensel system triggered by a reasonable suspicion that a worker has suffered from cannabis use.
”Every employer,“ he said, göz employees need to reconsider the manual. “
Legal warning !
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