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Wednesday, October 14, 2026

States Turn to Greener Pastures: What This Means for Cannabis and the Workplace - JD Supra

Last month, New Jersey joined the budding list of states to legalize recreational cannabis. In fact, as of this post, only three remaining states do not permit either recreational or medical cannabis use (with the federal government’s ongoing “Schedule 1” controlled substance designation providing a notable fourth buzzkill). We’ve previously reported on the impact the growing acceptance of cannabis has had in the workplace, but as the smoke continues to clear, employers should continue to evaluate whether they need to mellow their policies regarding hiring, drug testing, employee conduct (on or off duty), and accommodating disabled employees.

It is tempting to say that employers would be best served treating cannabis use by employees like they treat alcohol, but that would be too easy. While, as with alcohol, employers are not required to permit employees to indulge while on the job—at least not yet—certain jurisdictions, such as New York, explicitly protect an employee’s ability to recreationally consume cannabis while outside of work. These protections for off-duty use are trickling into the hiring process, as some jurisdictions, such as Philadelphia, outrightly prohibit pre-employment drug screenings for marijuana (subject to certain exceptions). Or, if not outrightly prohibited, other jurisdictions make reliance on such a risky endeavor. For example, New Jersey law bars employers from rejecting applicants “solely” based on a positive marijuana test result. Given the...



Read Full Story: https://www.jdsupra.com/legalnews/states-turn-to-greener-pastures-what-9556534/