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Cannabis Legalization & Employer Liability Issue Page

Cannabis Legalization & Employer Liability

THC can be found in the body several weeks after cannabis use. As several states have legalized recreational and medicinal use of cannabis, many employers of safety-sensitive jobs are concerned that hasty legalization could result in decreased workplace safety. NACD supports the inclusion of a liability exemption for safety-sensitive employers from any work-place hazards that may occur due to an employee’s impairment from the use of marijuana.

Background

As several states have legalized recreational and medicinal use of cannabis or are on their way towards legalization, many employers of safety-sensitive jobs are concerned that the ramifications of hasty legalization could result in decreased workplace safety. While most state laws protect employers’ rights to prohibit on-site cannabis use, they do not adequately protect employers from the consequences of use during personal off-hours time. Cannabis’ impairment effects have had limited studies due to marijuana remaining a Schedule 1 drug under the Controlled Substances Act.[1] However, trace amounts of THC can be found in the body for several weeks after just one use.[2]

NACD Supports:

  • The inclusion of a liability exemption for safety-sensitive employers from any work-place hazards that may occur due to an employee’s impairment from the use of marijuana; and
  • States’ rights to make legal determinations over the legality and regulation of marijuana.

Latest Action

In the 116th Congress, the U.S. House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019, which aimed to decriminalize and de-schedule marijuana. The measure did not pass the U.S. Senate and the bill died with the end of the 116th Congress.


[2] Ibid.

 

NACD Resources

 

For further questions about NACD’s Cannabis Legalization & Employer Liability Issue Page please contact Nicholas Breslin, Coordinator of Government Affairs at nbreslin@nacd.com.