In addition to the laws enacted by state and local legislatures, there are proposed measures on the ballot next week that may also impact the workplace. Some of these key ballot initiatives are discussed below.
Marijuana and Other Drugs
According to the National Conference of State Legislatures, as of May 2022, 19 states1 and the District of Columbia have legalized the adult recreational use of marijuana. Next week, voters in five more states, Arkansas, Maryland, Missouri, North Dakota, and South Dakota, will decide whether to legalize the adult possession and use of marijuana.2 Each of these proposed laws may impact employer policies in different ways.
The Arkansas ballot initiative expressly provides that it does not restrict employers from establishing policies restricting the use of cannabis in the workplace. Even more broadly, the South Dakota ballot initiative would not “[r]equire that an employer permit or accommodate an employee to engage in conduct allowed by this chapter” or “[a]ffect an employer’s ability to restrict the use of marijuana by employees.” Other initiatives include a referendum amending Maryland’s Constitution which would authorize adults to use and possess marijuana and direct the Maryland General Assembly to pass laws to “provide for the use, distribution, possession, regulation, and taxation of cannabis within the state,” commencing July 1, 2023.
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