Adult use of marijuana for recreational purposes is legal in 21 states, according to the National Conference of State Legislatures. As of last October, 37 states and the District of Columbia permit marijuana for medical use, as do Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands, according to the National Organization for the Reform of Marijuana Laws.
What does that mean for employees who use cannabis for medical or recreational reasons? It depends on your state, your profession and even then, things are not always black and white.
State Laws Vary
Let’s say company policy calls for termination or suspension due to arrest and/or conviction. For example, in Kentucky, you might lose your job. Kentucky has legalized only medicinal CBD (cannabidiol) oil—not cannabis.
Despite this, Governor Andrew Beshear announced an executive order granting preemptive pardons for possession of marijuana for patients suffering from certain medical conditions.
However, even if someone obtained medical marijuana because of one of those medical conditions, that doesn’t mean you can’t be arrested. The deputy chief of police in Louisville responded that the governor’s order did not prohibit enforcement of Kentucky’s marijuana possession statute.
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