In Maine, employers cannot reject job applicants or fire employees because of a positive test for the drug, according to the state’s new recreational marijuana law. Effective February 1, the law is the first of its kind to be passed and aims to protect workers from adverse employment action due to marijuana use outside of the workplace. While it may make sense for some employers to stop testing for marijuana in light of the drug being legalized for medical and recreational use in many states, businesses should consider how doing so might affect safety-sensitive positions. HR professionals should begin by reviewing and updating existing general workplace drug and alcohol policies. In addition, companies are advised to contact counsel before taking any adverse action against those who test positive for marijuana.
