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How to Discipline Misconduct Related to Marijuana Use

Author: Marta Moakley, XpertHR Legal Editor

Employers must navigate the changing legal landscape of marijuana laws as the issue of marijuana's legitimacy is far from settled across federal and state jurisdictions. For some, there is no gray area: an employer need not tolerate the use of marijuana by employees. For other employers, especially those operating in states that have legalized medicinal as well as recreational marijuana, the compliance (and employee relations) choices are less clear.

This How To guides employers through the best disciplinary response:

  • When an employee tests positive for delta-9-tetrahydrocannabinol (THC), the primary psychoactive substance in marijuana; or
  • If an employer suspects that an employee may be under the influence of, or using, smoking or consuming marijuana.

To discipline an employee for misconduct related to marijuana use, an employer should take the following steps.