Massachusetts Legalizes Cannabis, but Not at Work

Massachusetts was one of three states to legalize recreational cannabis on Tuesday, with Maine still too close to call. This means that once those results are certified adults 21 and over can legally consume cannabis, but that might not mean you can’t still lose your job for doing so.

Since cannabis is still against the law at the federal level, employers are within their rights to drug test you under their current policies.

“We did not want recreational marijuana users to feel like they had employment protections,” said Adam Fine, an attorney who was closely involved with the legalization campaign. “That was not the intent of this law. It would be nice to get to a place where employers don’t discriminate, but we don’t want to interfere with their hiring practices.”

A case in Colorado found that Dish Network was within their rights to terminate a medical cannabis patient who failed a drug test, even when the employee asserted that he had not consumed cannabis at the workplace.

Most employers will likely not be too concerned about off the clock cannabis use as long as it doesn’t affect job performance. With Tuesday’s results, companies will probably amend their current drug policies to mimic those put in place against alcohol, where the employer will only take action if you come into work inebriated.

Determining if an employee is under the influence though, can be tricky. Especially since cannabis can stay in your system for weeks.

“There’s no exact test to say, ‘Oh, they’re high right now,’?” said Christine Cunneen, Chief Executive of Hire Image, a Rhode Island company that sells drug-testing services to employers.

With such a large increase of citizens residing in states where recreational cannabis is legal, there is sure to be a significant change in how cannabis is tested at work.

“I think employers are going to wait and see what they’re still able to do to ensure safety, but it’s unclear,” said Christopher Geehern, a Spokesman for the business group Associated Industries of Massachusetts, which opposed legalization. “For companies that do drug test now, my guess is they probably don’t have plans to change.”