THE LEGALIZATION OF MARIJUANA IN RHODE ISLAND: WHAT EMPLOYERS NEED TO KNOW

On May 26^th, Rhode Island Governor Dan McKee signed legislation legalizing recreational marijuana use for adults 21 years of age and older, making Rhode Island the 19^th state in the country to legalize marijuana for non-medical use. The law also provides that, by July 1, 2024, the Rhode Island Courts will automatically expunge past convictions for marijuana possession charges that are decriminalized by the law and allows those seeking expungement sooner to request it.

Further, the law contains the following key provisions:

• Employers are not required to accommodate the use or possession of cannabis in the workplace or working under the influence of cannabis. This explicitly covers employees performing work in any location, including remote work.
• Employers may refuse to hire, or may impose discipline up to and including termination, individuals who violate workplace policies on marijuana use or those who work while under the influence.
• Employers should be cautioned that they may not take any disciplinary action against employees solely for their private, lawful use of cannabis outside the workplace, unless such use is prohibited pursuant to the terms of a collective bargaining agreement. However, there are two exceptions for federal contractors and employees who perform “work that is hazardous, dangerous or essential to public welfare and safety.” Specifically:
  • Federal contractor employers may...

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