Marijuana legalization

Next Article

TPMS Hyundai Elantra – 2023

Policy should require that job applicants and employees communicate to you they have any prescription to include medical marijuana.

We suggest a fit-for-duty exam be performed by the employee’s medical provider to determine if the employee can perform the essential functions of the job in a safe and productive manner. If accommodations are requested by the medical provider, then you must determine if you can reasonably accommodate those accommodations.

No state law gives any employee the right to use, possess or be impaired by marijuana on work premises or during working hours of employment. If there is reasonable suspicion to believe an employee is impaired and such individual tests positive for marijuana, adverse action may occur. In addition, a positive result for marijuana can result in adverse action if testing is required by federal or state law, you receive federal funding or an employee works in a safety-sensitive position.

In essence, you should treat medical marijuana as any other prescription medication. If a medical marijuana card is presented during the application phase or during employment, it is recommended that you ensure the employee is fit for duty by requesting the employee share with his or her medical provider the essential functions of the job. This includes physical and mental requirements. Then the medical provider will let you know whether the employee can perform essential functions with or without accommodation.

This is no different than an employee having a prescription for traditional medication that would prevent that person from performing a job in a safe manner. Just because a job applicant or an employee has a medical marijuana prescription does not mean that they are fit for duty. It behooves you to ensure that employees are, in fact, fit for duty and capable of performing their jobs in a safe manner.

Also remember that you cannot summarily not hire or separate the employee simply for having a prescription for marijuana.

Recreational marijuana simply means marijuana that is grown and sold for recreational purposes to adults over the age of 21, pursuant to applicable state laws. Recreational marijuana also means that any part of the cannabis plant, living or not, is used as an intoxicant for the reason of enjoyment or pleasure.

If you operate in California, Connecticut, Missouri, Montana, Nevada, New Jersey, New York and/or Rhode Island, you must take care before taking adverse action against applicants or employees who are recreational marijuana users. These states prohibit discrimination in hiring, termination and other employment decisions simply based on an employee’s consumption of marijuana while off the job.

Employers operating in any state where marijuana is legalized for recreational purposes are expected to simply treat marijuana the same as alcohol. Neither substance is legal to be possessed or consumed on the job or during working hours. Employees

Communicate openly and often

Your managers, employees must know the rules who are considered under the influence and intoxicated can be removed from any job, up to and including termination. You are free to test applicants and employees and if they test positive for recreational marijuana, you are free not to hire them and you are free to take disciplinary action up to and including termination.

It is recommended that you and your managers communicate openly with applicants and employees regarding your dealership’s policy, as well as the rules and regulations regarding both medical and recreational marijuana. Your managers and employees need to know that just because marijuana is legal for either or both reasons, this does not give an employee the “license” to use and/or be under the influence while at work or during working hours.

Further, employees need to know that if they are ever tested and test positive for THC — the psychoactive found in marijuana — then disciplinary action can be taken, up to and including termination. They also need to know that certain products can contain traces of THC and although the employee may not be under the influence at the moment, a substance abuse test can result in a positive.

A majority of states have updated various regulations regarding substance abuse to include medical and recreational marijuana and what employers can and cannot do. For example, in the states of Iowa, Kansas, Louisiana, Minnesota and Vermont, employees cannot be terminated simply because they tested positive for the first time. In these states, an employee must be provided the option of seeking treatment. If the employee refuses or does not complete a designated treatment program or completes the treatment program successfully and tests positive again, then the employee can be terminated.

Most states are “mixed” states, which have legalized both medical and recreational marijuana. And as stated above, many states have even more complicated rules and regulations regarding testing and the use of drugs, including marijuana.

What You Can Do

At a minimum, one in eight workers actively uses recreational marijuana. Two-thirds of Americans favor making marijuana usage legal. These two facts create a real challenge for your business. So what can — and should — you do to navigate this?

“Fairmount Tire has chosen to partner with Fortune Tires because they produce high quality products within their segment. Fortune’s leadership team listens to our suggestions which will enable us to grow our business with them. We appreciate that they can meet the market demands for us and our customers with great programs and an in-depth product lineup that continues to grow. We look forward to strengthening our partnership with Fortune Tires for many years to come.”

- Brad

Saunders

- President

Fairmount Tires info@prinx.us.com

Are you ready to Drive Forward with Fortune?

Prinx Chengshan Tire North America, Inc.