HR teams must keep up with changing cannabis laws, advocates say

Minnesota lawmakers are on track to make the Land of 10,000 Lakes the next state to legalize the recreational use of marijuana, joining 22 other states and the District of Columbia in permitting recreational cannabis for those over the age of 21.

Forty states and DC permit cannabis use for medical purposes with varying degrees of restrictions. It is still classified as a Schedule I drug by the federal government, however, and efforts to change this status have stalled in Washington.

Laws and public sentiment around cannabis use have shifted dramatically over the last few years, and HR departments may need to update their policies to reflect the current legal landscape while ensuring the health and safety of employees in the workplace.

Substance use policies. The National Safety Council warns that the changing legal status of marijuana doesn’t change its risks in the workplace. Studies have linked employees who tested positive for marijuana use to increased absenteeism or increased injury risk.

Guidelines should clearly define impairment, according to Katie Mueller, a senior program manager at the National Safety Council, which launched a cannabis resource series in April. Use doesn’t necessarily mean impairment, she said, and managers need to be trained on how to identify when an employee is impaired and what steps to take in such an instance.

“Supervisors should be trained to recognize and respond to impairment. Policies must be created clearly and fairly, as to what the company expects employees to do if they consume cannabis,” Mueller said.

HR should also consider what accommodations must be made for those using cannabis for medical purposes. Mueller added that employees who consume medical marijuana should talk with their managers to assess if it could impact job duties.

Drug testing. As laws change, it might also be time to reconsider drug-testing policies. California, New York, and DC have laws ensuring positive marijuana tests do not affect employment, HR Brew reported in November. Other states protect workers who use medicinal marijuana. Some companies are eliminating drug screenings altogether.

Additionally, “safety sensitive positions,” jobs where an employee might be driving, operating machinery, or working with confidential or sensitive information, may need carve-outs, but Mueller recommends that companies work with legal counsel on making sure any testing regime complies with both cannabis and employment law.

“Drug testing used to be the silver bullet [for assessing cannabis use] for HR and safety professionals in the workplace, and what we see is that the new environment requires a more comprehensive approach,” Mueller said.—AD