Tag: marijuana amendment

What Employment Protections Are Within Missouri's Upcoming Marijuana Amendment? November 10, 2022 On November 8th, Missouri voters will choose whether to legalize the adult use of recreational marijuana within the state. Currently, the state holds over 200,000 patients licensed as medical marijuana users. However, with the expected passage of this amendment, the number of marijuana users is poised to increase dramatically. This choice brings with it many considerations for Missouri employers and their workers. For example, Missouri's Amendment 3 will mean significant changes in the state law regarding employment protections and employment-related testing for marijuana use. Previously, the passage of medical marijuana included no direct protections from adverse employment-related actions resulting from a positive test for marijuana use. With Amendment 3, medical marijuana would receive protection. In addition, employers could no longer consider employees' use of marijuana during their non-working hours or their status as medical marijuana patients in hiring or firing decisions. Furthermore, discrimination against medical marijuana use would fall under similar protections as alcohol or prescription medicine. For example, an employee's usage during their free time or positive drug tests cannot influence an employer's decisions if the employee's use does not impact performance. In addition, employers cannot discriminate against medical marijuana usage if the employer is not under the influence during working hours or on the employer's premises. Finally, this amendment would also forbid employers from discriminating against a primary caregiver of a qualifying patient based on their status. However, this would create exceptions for employees in positions where a lawful marijuana product would affect the individual's ability to perform job-related responsibilities. Further exceptions include the product affecting the safety of others or impacting an individual's qualifications for employment. Furthermore, employers can prohibit using marihuana on their property or during working hours. In addition, they can still perform tests for impairment after accidents or other circumstances. Finally, employers may discipline or terminate employees who either work or attempt to work while impaired due to marijuana usage. Amendment 3 creates several new protections for medical marijuana users but provides no explicit employment protections for users without a medical marijuana card. As a result, employers may still be able to take action against recreational users. However, in many cases, differentiating between these two groups and maintaining separate policies could prove cost-prohibitive and difficult for employers to maintain. Assuming this new legislation passes, employers should review and update their policies on marihuana testing and impairment before it takes effect. These updates should include policies related to pre-employment testing, discipline, and terminations for impairment. No matter the response, it is crucial to maintain a standard written policy regarding these situations. Laws and regulations are constantly changing, but Pre-employ can help keep your business up-to-date and ahead of the curve. Contact a sales rep today. Source

Tag: marijuana amendment

What Employment Protections Are Within Missouri’s Upcoming Marijuana Amendment?

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