As the final tally of ballots comes in for many electoral races across the country, the outcomes of the various state ballot measures that were also part of the Nov. 8 midterm elections could require changes to employers’ policies and procedures.

Drug-free workplace policies, wage and hour obligations, collective bargaining rights, and employee benefit plans providing access to abortion-related treatment are some areas affected by statewide ballot initiatives across the country.

Legalization of Marijuana, Psychedelics

Maryland and Missouri passed initiatives legalizing marijuana use for individuals over the age of 21. Additionally, Colorado passed an initiative to legalize psychedelic plants and fungi for individuals over the age of 21.

Maryland voters also approved a state constitutional amendment that will allow the use of cannabis by anyone over the age of 21 on or after July 1, 2023, subject to the General Assembly passing legislation concerning the regulation, distribution, possession, and taxation of marijuana.

Missouri voters approved an amendment to the state constitution on medical marijuana and recreational marijuana.

The Missouri medical marijuana law will permit nurse practitioners, in addition to physicians, to recommend medical marijuana use to their patients. The medical marijuana law still prohibits legal claims against employers where employees are barred from being under the influence of marijuana while at work.

New provisions require that employers not...

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