NOVEMBER 9, 2020 | 8 MIN READ
HR Compliance Bulletin: Five States Legalize Marijuana
OVERVIEW
Employers may still ban marijuana from their workplaces and prohibit employees from working under the influence of marijuana. However, depending on the applicable state law, employers may not be able to take adverse employment action against employees solely based on a positive drug test.
On Nov. 3, 2020, citizens in several states voted on legalizing marijuana. Voters in Arizona, Montana, New Jersey and South Dakota approved measures that legalize recreational marijuana. Voters in Mississippi and South Dakota also approved measures that legalize medical marijuana.
The four states that newly approved recreational marijuana join the 11 other states that already allow individuals who are age 21 or older to possess, purchase and use marijuana for recreational purposes.
Mississippi’s new medical marijuana law brings the total number of states that allow medical marijuana use only (as opposed to both medical and recreational marijuana use) to 23.
This Compliance Bulletin provides a high-level overview of each of the new state marijuana laws.
Action Steps
Employers may still ban marijuana from their workplaces and prohibit employees from working under the influence of marijuana. However, depending on the applicable state law, employers may not be able to take adverse employment action against employees solely based on a positive drug test.
Employers in Arizona, New Jersey, Montana, Mississippi and South Dakota should become familiar with applicable new marijuana laws and review their existing drug testing policies and procedures to ensure compliance. These employers may also need to review other applicable laws relating to workplace drug testing, discrimination and similar employment issues.
Important Dates
Nov. 3, 2020 Citizens in five states approved marijuana legalization proposals.
New Recreational Marijuana Laws
Arizona, New Jersey, Montana and South Dakota join 11 other states and the District of Columbia in legalizing recreational marijuana use.
Arizona Recreational Marijuana
The table below provides an overview of Arizona’s Proposition 207, which was approved by nearly 60% of the state’s voters on Nov. 3, 2020.
New Jersey Recreational Marijuana
The table below provides an overview of New Jersey’s Public Question Number 1, which was approved by nearly 67% of the state’s voters on Nov. 3, 2020.
Montana Recreational Marijuana
The table below provides an overview of Montana’s Ballot Issue I-190, which was approved by nearly 57% of the state’s voters on Nov. 3, 2020.
South Dakota Recreational Marijuana
The table below provides an overview of South Dakota’s Amendment A, which was approved by nearly 54% of the state’s voters on Nov. 3, 2020.
New Medical Marijuana Laws
In addition to legalizing recreational marijuana, South Dakota voters passed a measure that requires the state to establish a medical marijuana program. Citizens in Mississippi also approved a medical marijuana law.
South Dakota Medical Marijuana
Nearly 70% of South Dakota voters approved Initiated Measure 26, which is summarized in the table below.
Mississippi Medical Marijuana
The table below provides an overview of Mississippi’s Initiative 65, which was approved by over 74% of the state’s voters on Nov. 3, 2020. Voters rejected an alternative, more restrictive measure (House Resolution 39) submitted by the state’s legislature.
This material is for general information only and should not be considered as a substitute for legal, medical, tax and/or actuarial advice. Contact the appropriate professional counsel for such matters. These materials are not exhaustive and are subject to possible changes in applicable laws, rules, and regulations and their interpretations.