Medical Marijuana Policy

Sample Employment Policy: Medical Marijuana

*This is a sample draft for review by qualified legal counsel before adoption. It is not legal advice and does not account for all applicable federal, state, or local laws.*

Purpose

This policy explains how the company balances employees' rights under applicable state medical marijuana laws with the company's obligation to maintain a safe, drug-free workplace.

Scope

This policy applies to all employees, applicants, contractors working on company premises, and anyone performing work on behalf of the company regardless of location, position, or employment status.

Policy

Core position

• The company is committed to workplace safety and complies with all applicable federal and state laws.
• Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act. Federal law does not recognize a right to use or possess marijuana, including for medical purposes.
• Where state law grants employees certain protections for medical marijuana use, the company will honor those protections to the extent required by law.

What is prohibited

• Using, possessing, selling, or being impaired by marijuana — in any form — while on company property, in company vehicles, during work hours, or while performing company business off-site.
• Reporting to work or remaining at work while under the influence of or impaired by marijuana, regardless of whether use occurred off-duty.
• Using marijuana in any manner that violates federal law in contexts where federal law applies (e.g., employees in federally regulated roles, work performed on federal contracts or property).

What may be permitted

• Off-duty, off-premises use by a registered medical marijuana patient may be protected under applicable state law. The company will evaluate these situations individually.
• The company does not guarantee accommodation of medical marijuana use in every case. Accommodation is evaluated under the same interactive process used for other disability-related requests (see Procedure below).
• Employees in safety-sensitive positions — including but not limited to roles involving operation of heavy equipment, driving, handling hazardous materials, or direct patient or childcare — may face stricter requirements regardless of state protections.

Drug testing

• The company may conduct drug testing as permitted by applicable law, including pre-employment, reasonable suspicion, post-accident, and return-to-duty testing.
• A positive marijuana test does not automatically establish current impairment, but the company may take it into account in conjunction with observed behavior and other evidence of impairment.
• Employees in safety-sensitive roles or those subject to federal testing requirements (e.g., DOT-regulated positions) are subject to federal drug testing standards, which do not recognize medical marijuana as a valid explanation for a positive result.

Procedure

Requesting accommodation for medical marijuana use

1. An employee who holds a valid state-issued medical marijuana card (or equivalent documentation) and believes they need an accommodation related to a qualifying medical condition should contact Human Resources before or as soon as practicable after a triggering event (e.g., a positive test, a job offer contingent on a drug screen).
2. The employee submits a written accommodation request and provides documentation of the underlying qualifying medical condition from a licensed healthcare provider. The company does not require disclosure of the marijuana recommendation itself beyond confirming valid patient status.
3. HR, in coordination with the employee's manager and legal counsel if needed, conducts an interactive accommodation dialogue to understand the condition, the requested accommodation, and any alternative options.
4. HR provides a written decision within [X] business days of receiving complete documentation. The decision will explain what accommodation, if any, can be provided and why.
5. If the request is denied or modified, the employee may appeal in writing to [designated HR leader or committee] within [X] business days of receiving the decision.

Reasonable suspicion and observed impairment

1. A supervisor who observes signs of impairment (e.g., slurred speech, lack of coordination, disorientation, the odor of marijuana) documents specific observed behaviors and immediately contacts HR.
2. HR and the supervisor determine whether to remove the employee from duty pending evaluation. The employee is not left to drive themselves; the company arranges transportation.
3. The employee may be referred for reasonable-suspicion drug testing consistent with applicable law and company testing procedures.
4. The employee is placed on paid or unpaid administrative leave (as required by applicable law) pending the outcome of the evaluation.
5. If testing or investigation confirms impairment during work hours, the company will take appropriate disciplinary action up to and including termination, consistent with applicable law and any collective bargaining agreement.

Return to duty after a violation

1. Before returning to active duty, an employee who violated this policy may be required to complete a substance use evaluation and any recommended treatment or education program.
2. The employee may be required to submit to follow-up testing for a period determined by HR and management.

Questions

Employees with questions about this policy, accommodation requests, or testing procedures should contact:

• Human Resources Department: [HR email / phone / location]
• Direct Manager for day-to-day workplace concerns
• [EAP Program Name] for confidential counseling and referral services: [EAP phone/website]

Questions involving federal contracts, DOT compliance, or other regulated programs should also be directed to [Legal/Compliance contact].

Review Note

This policy sits in one of the most rapidly shifting areas of employment law. Flag the following before finalizing:

• State-level medical and recreational marijuana laws are expanding quickly. As of 2024–2025, a growing number of states (including New York, New Jersey, California, Illinois, Minnesota, and others) now expressly prohibit adverse employment actions based solely on off-duty marijuana use or a positive test, or require a nexus to on-the-job impairment before action can be taken. The states applicable to your workforce must be individually reviewed.

• No federal OSHA or federal impairment standard for marijuana currently exists. Unlike alcohol, there is no universally accepted field sobriety or chemical test that establishes real-time THC impairment. Relying solely on a positive urine test to prove impairment is increasingly challenged in litigation.

• The DEA proposed reclassifying marijuana to Schedule III in 2024. If finalized, rescheduling would not automatically legalize workplace use but could affect federal contractor obligations, background check language, and some testing program requirements. Monitor for final agency action.

• ADA intersection. The ADA does not protect current illegal drug use, but the underlying qualifying condition (e.g., PTSD, chronic pain, cancer) may be a protected disability. Courts are scrutinizing whether employers engage in a genuine interactive process before denying accommodation.

• DOT-regulated employees (CDL drivers, aviation, railroad, pipeline, transit, and maritime workers) remain subject to federal zero-tolerance testing rules regardless of any state law. This policy must be supplemented with a DOT-specific policy for those roles.

• Collective bargaining agreements may impose additional notice, testing, or just-cause requirements. Confirm with labor relations counsel before applying this policy to unionized employees.

• [X] day timelines are placeholders and should be set based on your operational capacity and any applicable state response-time requirements.

*Last reviewed: [Date] | Next scheduled review: [Date] | Policy owner: [HR/Legal]*