Missouri

2022 was relatively quiet for Missouri employers, except for the buzz around recreational marijuana (forgive our pun). As explained in more detail below, the law does not limit Missouri employers from continuing to drug test and discipline employees who violate anti-use policies, with certain modifications for medicinal users. 2023 also brings a Missouri minimum wage rate hike, but we expect employees may still grumble, as this increase does not pace with inflation.

Recreational and Medical Marijuana

In November 2022, Missourians voted to amend the Missouri Constitution by legalizing recreational marijuana and modifying the existing medical marijuana law. The amendment, which went into effect December 8, 2022, does not provide any employment rights to users of recreational marijuana. Missouri employers can still prohibit and take an adverse employment action on the basis of recreational marijuana.

However, employers are now prohibited from discriminating against an employee with a medical marijuana card because he or she:

1. possesses a medical marijuana card;
2. lawfully uses marijuana off the employer’s premises during nonworking hours; or
3. tests positive for marijuana, unless the employee used, possessed, or was under the influence of marijuana while working.

The prohibitions against discrimination do not apply if compliance would cause the employer to lose a monetary or licensing-related benefit under federal law. The prohibitions also do not apply to positions in...

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