The Wisconsin legislature is expected to reject a proposal to create a medical marijuana program, just a month after the Senate shot down a proposal to legalize marijuana for recreational use. But employers should consider the murky legal status of various products that implicates a number of important legal issues, including disability accommodation, drug testing, and workplace health and safety. Residents of the state are known to cross the border to neighboring states that have decriminalized marijuana for at least some uses, but that doesn’t mean their employers are required to tolerate drug use during non-working hours. In fact, the Wisconsin Department of Workforce Development has taken the position that Wisconsin employers have the right to terminate an employee for use of marijuana products that are unlawful under federal law. Employers should, however, update drug policies to take into consideration the federal legalization of CBD products.
