Even though marijuana may soon be legal in Maryland, it is still prohibited on a national level, which may cause uncertainty among employees who are subjected to drug testing at hiring, at random, or as a result of an accident at work. The use and possession of up to 1.5 ounces of marijuana will be legal for anyone 21 and older as of July 1.
The District of Columbia, along with more than 20 other states, already permits the use of the drug for recreational purposes. A referendum on the ballot that was overwhelmingly approved in November led to the legalization.
Legislators plan to establish a regulatory framework and determine when cannabis sales can start in the state during the current session of the Maryland General Assembly. Since 2017, medical marijuana has been available. The new law does not alter how Maryland businesses perform drug testing.
According to Darla J. McClure, an attorney with Stein Sperling Bennett De Jong Driscoll PC. “Because marijuana remains illegal under federal law, employers are allowed to test for marijuana and terminate an employee or refuse to hire an applicant that tests positive,” the spokeswoman stated.
McClure thinks that there isn’t anything that an employer currently cannot do with the new law. Similar legislation has been passed in other jurisdictions, and those laws have been changed to prohibit discrimination against holders of medicinal marijuana cards by employers who choose to reject applicants who test positive.
The state’s decision to legalize marijuana may have unforeseen consequences. According to McClure, “employers who are continuing to test for marijuana, either at the time of hiring or by undertaking random drug testing, will have a tough time getting applicants to apply for positions so lowering the number of prospective candidates for positions.”
Finding quality staff is already difficult. Your application pool shouldn’t be getting smaller. As part of the hiring procedure or when doing random testing, the majority of McClure’s clients in the private sector do not test for marijuana use, she observes. In the event of a workplace mishap, similar to alcohol, they do screen for marijuana.
The use of drugs or alcohol while working is forbidden, according to employer standards, she claimed. Some people hold medical marijuana certificates for a variety of ailments, such as anxiety, post-traumatic stress disorder, and chronic pain.
McClure states that she thinks the state will need to create regulations about how companies should treat workers who require medical marijuana. Due to employee requests for accommodations, there are concerns and litigation in other jurisdictions about possible violations of the Americans with Disabilities Act.
In the months prior to the new law, employers may take action. According to McClure, “I advise my private sector clients that they not test for marijuana unless there is a workplace accident and treat it similar to that of alcohol.”
I also warn businesses against treating workers differently because they possess a medical marijuana card since I think Maryland will soon consider establishing regulations that forbid such behavior and are already in place in other jurisdictions.
