Puff, Puff, Passed: 2019 Marijuana Laws in Review and 2020 Projections

The state of Illinois joined 10 others in legalizing recreational marijuana use by adults in 2019. The Illinois’ Cannabis Regulation and Tax Act legalizes the use and possession of marijuana for adults age 21 and older. The law includes protections for employers that permit them to enforce drug-free workplace policies and shields them from liability for taking adverse actions against an employee that is believed to be impaired or under the influence while at work. Several other jurisdictions passed or modified their existing laws governing marijuana in the workplace, including New Mexico and Oklahoma, both passing legislation that prohibits employers from discriminating against employees because of their status as a registered medical marijuana user. Employers in Nevada now are prevented from failing or refusing to hire an applicant because the applicant tests positive for marijuana and in New York City, employers are prevented from conducting any pre-employment testing for marijuana or THC. Employers should expect another wave of marijuana legislation for 2020 in several states, such as Florida, Indiana, and Massachusetts, among others.

 

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Post By Ken Shafton (2,325 Posts)