Growing acceptance of marijuana use in recent years has led to the proliferation of state laws legalizing medical and recreational cannabis consumption, as well as a push for employment protections for off-duty use. Here's what employers need to know about evolving marijuana laws and their impact on the workplace.

State Law Trends

"As more and more states legalize recreational cannabis use, employers should make some decisions about whether and to what extent they will be guided by federal law, which still classifies cannabis as a Schedule I drug like heroin and cocaine," said Catharine Morisset, an attorney with Fisher Phillips in Seattle.

Despite the federal status of cannabis, 37 states have now approved medical marijuana use, and 18 of those states and Washington, D.C., also have approved recreational use. Employers should note, however, that workplace protections vary by state, and some cities have their own rules.

Many of the earlier states to legalize cannabis use, such as California and Colorado, provide few or no job protections for off-duty use. For example, Colorado has a statute prohibiting employers from interfering with employees' lawful off-duty conduct, but the Colorado high court has said that "lawful activity" is defined by both state and federal law. Off-duty cannabis use is not protected in Colorado because it is illegal under federal law, the court has held.

Newer laws tend to afford more job protections. Some states protect registered medical...

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