Rhode Island employers may be justifiably confused as to whether and how to implement policies concerning their employees\u2019 use of marijuana.\u00a0 Despite its continued federal classification as a Schedule 1 drug, marijuana has been increasingly legalized by several states.\u00a0 Dozens of states, including Rhode Island, now allow for the sale and\/or use of some form of medical marijuana.\u00a0 More recently, some states have begun to legalize the drug\u2019s recreational use.\u00a0 Nine states have passed laws permitting some form of recreational marijuana, including Rhode Island\u2019s New England neighbors of Massachusetts, Vermont, and Maine.\u00a0 Recent bills introduced in the Rhode Island legislature suggest that Rhode Island is also moving towards legalizing recreational use of marijuana.<\/p>\n
Although Rhode Island has not yet legalized recreational marijuana, several components of state government have taken a more permissive view towards the drug.\u00a0 In a decision that may have broad implications, the Rhode Island Superior Court held that The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act prohibited an employer from refusing to hire a potential employee solely because that potential employee held a medical marijuana card.\u00a0 Thereafter, Governor Raimondo signed legislation permitting people to petition courts to expunge criminal records stemming from crimes that have since been decriminalized.\u00a0 A press release from the Rhode Island General Assembly announcing the law cited the state\u2019s decriminalization of small possessions of marijuana as an impetus for the change.\u00a0 Additionally, the Rhode Island Department of Health has approved a petition that permits doctors to prescribe medical marijuana to children with autism.<\/p>\n
Bills have also been introduced in both the Rhode Island House and Senate regarding recreational use of marijuana.\u00a0 Senate Bill 2895, entitled \u201cAn Act Relating to Food and Drugs \u2013 Adult Use of Cannabis Act\u201d would replace prohibition of recreational use of marijuana with regulation and taxation if it is enacted.\u00a0 In the House, Bill 7883 would submit a non-binding referendum to the state\u2019s electorate regarding the legalization of possession and use of marijuana by persons 21 and older.\u00a0 Although the Senate Bill has been adjourned indefinitely and the House Bill has been held for further study, their introduction suggests a changing tide with respect to Rhode Island\u2019s official views on marijuana.\u00a0 Recreational legalization did not move forward this year despite the Governor\u2019s initial proposal, but the state\u2019s 2020 budget includes funding for tripling the number of Rhode Island compassion centers.\u00a0 Furthermore, Rhode Island Attorney General Peter Neronha recently joined 20 of his fellow state attorneys general and sent a letter to Congress that supports a bill that would prevent the federal government from interfering with state marijuana programs.<\/p>\n
Employers should respond to this shifting landscape by revisiting, or considering for the first time, their recreational marijuana policies to minimize their legal risks in the event that Rhode Island ultimately legalizes recreational marijuana.\u00a0 Depending upon the type of business, is recreational marijuana and drug screening an activity that the employer wants to undertake? \u00a0If so, what test results will result in what types of consequences for employees and potential employees?\u00a0 If an employer conducts business in multiple states with different marijuana regulatory regimes, should they treat employees in those states that permit recreational use differently? \u00a0Does an employer want to maintain a strict zero-tolerance policy in accordance with federal laws?\u00a0 How should off-duty consumption effect employment status?\u00a0 How does an employer treat recreational marijuana users vis-\u00e0-vis medical marijuana cardholders?\u00a0 These are just some of the questions that employers need to address now, and will need to revisit as Rhode Island\u2019s marijuana laws continue to evolve.\u00a0 The experienced attorneys at Adler Pollock & Sheehan can help.<\/p>\n","protected":false},"excerpt":{"rendered":"
Rhode Island employers may be justifiably confused as to whether and how to implement policies concerning their employees\u2019 use of marijuana.\u00a0 Despite its continued federal classification as a Schedule 1 drug, marijuana has been increasingly legalized by several states.\u00a0 Dozens of states,…<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[88,95],"tags":[97,7,19,96],"class_list":["post-210","post","type-post","status-publish","format-standard","hentry","category-labor-employment-law","category-marijuana","tag-cannabis","tag-employees","tag-employers","tag-marijuana"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/posts\/210","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/comments?post=210"}],"version-history":[{"count":0,"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/posts\/210\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/media?parent=210"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/categories?post=210"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.apslaw.com\/its-your-business\/wp-json\/wp\/v2\/tags?post=210"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}