Maine Legislators Discussing Testing Employees for Cannabis

Maine legislators are currently discussing whether employers should be allowed to test for cannabis use amongst their employees. Since recreational cannabis was voted in last November, employees can’t be fired simply for being a cannabis consumer.

Julie Rabinowitz, Director of Policy for the Department of Labor, stated that employers will not be able to legally fire or reject a hire based on their cannabis consumption, since cannabis is now legal in the state. The only way that cannabis can be grounds for a dismissal is if it can be proven that someone is impaired and under the influence while on the job.

According to the Portland Press Herald, Rabinowitz and many other individuals spoke to the committee on July 24. “Our laws are an outlier,” Rabinowitz said. “If the legislature does not take action to provide clear, consistent, easy to follow regulations, Maine risks more employers leaving the state. Let’s stop thinking of drug testing as something punitive. Rather, it incentivizes employees, especially those in recovery, to stay clean, and promotes a safer work environment for all workers.”

One of the promises that was made in Maine when legalization first began was that employers could maintain a cannabis-free workplace if they so choose. However, Rabinowitz is now claiming that rule is just unfair as testing for alcohol or tobacco use, since substances such as that are also legal for adult users.

Maine is also currently waiting to hear back from their Supreme Court about whether an insurer can be forced to pay for the medical cannabis of a worker who uses cannabis as legitimate medication because of an on-the-job injury.

While there is still some debate about how best to deal with the emerging industry, Maine is so far doing a great job of fairly trying to represent the interests and rights of legal cannabis users.