Possession and use of cannabis for recreational purposes became legal in Connecticut on July 1, 2021, but how that affects employers and employees is still evolving, according to Betsy Ingraham.
“The standard is going to be whether the employer has a specific policy against the out-of-work use of marijuana,” said Ingraham, an attorney practicing labor law at the New Haven-based law firm of Garrison, Levin-Epstein, Fitzgerald & Pirrotti. “If they have a specific policy about an employee not using marijuana off the job, they can lawfully discipline or terminate an employee if an employee in fact partakes off the work site even though it's legal.”
But even without a written policy regarding the use of cannabis out of work, some employees are barred from smoking or ingesting marijuana.
There are, according to state Department of Labor guidance on the subject, several industries in which employees are not allowed to use cannabis -- exemptions defined in the state law that made cannabis legal for recreational use.
Those industries include mining, utilities, some manufacturers, some construction, educational services, transportation services, justice and safety-related activities, according to DOL.
“These employers are unaffected by the Cannabis law and may treat on and off-duty employees in the exact same manner as they did prior to the passage of this legislation,” the DOL’s guidance says.
People employed as firefighters, police officers, emergency medical technicians,...
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