All the recent buzz around business leaders microdosing psychedelics in the workplace has gotten me thinking about the legal implications of addressing, and ignoring, their use.

Millions of people are using, tech giants Elon Musk and Sergey Brin are indulging, and some venture capital firms are serving psychedelics at parties (would you like the chardonnay or the ketamine?). Users are reporting enhanced performance, greater creativity, and mind-opening experiences. Better add LSD to the next board agenda, right after environmental, social, and governance.

Time to head down the hall for a meeting with your head of human resources. The first order of business is to look at how your policies address drugs. Many companies have taken a more relaxed position toward drugs like marijuana, particularly when it’s consumed outside the workplace. Policies often are framed around “reporting to work” while “impaired” by illegal drugs or alcohol.

The problem, of course, is that the workplace isn’t always so well-defined, and work hours at fast-paced companies aren’t defined either. It’s one thing to be smoking a joint in your company’s office at noon—but what if you’re working from home and microdosing at 6 p.m.?

Are you “impaired” if the substance you’re...

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