Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of what happened in 2021.
Connecticut
On June 22, 2021, Connecticut legalized recreational marijuana use by adults 21 years and older. Although provisions relating to possession are effective now, the employment-related provisions are not effective until July 1, 2022. At that time, many employers will be prohibited from taking certain actions in the absence of clear policies addressing marijuana use or evidence of impairment. With a clear and compliant policy, employers can, among other things, prohibit employees from being under the influence of, using or possessing marijuana while they are working and while performing their job duties or on company premises. If an employer has in place or implements a policy that prohibits employee use or possession of marijuana and, such policy is made available to employees in advance, the employer can take action against an employee who uses recreational marijuana or tests positive for it as part of reasonable suspicion and random drug testing. In the case of a job applicant, an employer can rescind a job offer if an applicant tests positive for recreational marijuana so long as the employer makes the policy available to the applicant at the time of offer.
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