MARIJUANA IN THE WORKPLACE

Colorado Employers and Marijuana Use in the Workplace

Under federal law, marijuana is still an illegal drug, regardless of its intended use.

In contrast, an amendment to the Colorado Constitution has decriminalized marijuana use for medical purposes.  However, that amendment includes this statement:  “(n)othing in this section shall require any employer to accommodate the medical use of marijuana in any workplace.”

Because there are many unsettled legal issues relating to marijuana use in the workplace, there is no way to “bullet-proof” your practice against liability.  As an employer, your best protection against potential claims is to implement policies and procedures in your practice before any issues arise.  You can read a discussion of suggested ways to deal with the issue of marijuana in the workplace in this website on the Home page under the “Q & A” tab.