Dive Brief:
- According to HRMorning, the growing marijuana legalization trend on the state level doesn't mean employers are backing off zero-tolerance workplace pot policies — and the courts are agreeing.
- HRMorning cites a new Society for Human Resource Management (SHRM) survey that found that 94% of organizations with operations in states in which marijuana use is legal for either medical or recreational purposes have a formal, written substance abuse policy.
- In addition, the SHRM survey found that 82% of organizations that operate in states where both recreational and medical use are legal said they have zero-tolerance for pot use on the job.
Dive Insight:
At the same time, the article reports, courts are consistently ruling that based on federal law, marijuana remains an illegal substance. That gives employers the right to enforce their anti-marijuana policies as they see fit, according to courts. Pot smokers who come to work high aren’t protected by state law, according to HRMorning.
SHRM's survey of 623 HR professionals found that termination tends to be the response for a first-time violation, cited by 50% of HR leaders in states where medical marijuana is legal and 41% of those who work in states where both medical and recreational use is legal.
The HRMorning article then describes two cases, in Colorado and Washington state, where the courts backed employers on the issue.