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Marijuana Legalization and the Workplace: What’s an Employer to Do?

On December 15, 2016, Massachusetts voters legalized the recreational use of marijuana, leaving many employers wondering how this will impact their business in 2017 and beyond. The Massachusetts Regulation and Taxation of Marijuana Act allows adults over the age of 21 to legally possess up to 10 ounces of marijuana in their homes and one ounce in public.

Since the law does not limit employers’ ability to enforce policies prohibiting employees from using, possessing, or being under the influence of marijuana at work, it will have little effect on employers who have proper policies in place. Employers also can require drug testing under certain circumstances in accordance with their policies and applicable law.

For more information and our best practices for marijuana policies in the workplace, check out our e-Alert on this subject.