{"id":104,"date":"2021-07-07T07:00:00","date_gmt":"2021-07-07T07:00:00","guid":{"rendered":"http:\/\/CBMia2h0dHBzOi8vY3RleGFtaW5lci5jb20vMjAyMS8wNy8wNy9jb25uZWN0aWN1dHMtZW1wbG95ZXJzLW5hdmlnYXRlLXN0YXRlLWFuZC1mZWRlcmFsLWxhd3MtZm9yLW1hcmlqdWFuYS11c2Uv0gEA"},"modified":"2021-07-07T07:00:00","modified_gmt":"2021-07-07T07:00:00","slug":"connecticuts-employers-navigate-state-and-federal-laws-for-marijuana-use-ct-examiner","status":"publish","type":"post","link":"https:\/\/thcinct.com\/?p=104","title":{"rendered":"Connecticut’s Employers Navigate State and Federal Laws for Marijuana Use – CT Examiner"},"content":{"rendered":"
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Connecticut employers concerned about the use of legal marijuana on the job are faced with a dilemma given the limits of current drug testing technology and federal requirements, employment lawyers say. <\/p>\n

\u201cIt\u2019s not like a test for alcohol where you can immediately figure out someone\u2019s current level of THC,\u201d said John Blair, associate counsel with the Connecticut Business Industry Association. \u201cI don\u2019t think a test like that exists.\u201d <\/p>\n

Patrick McHale, an employment lawyer in Hartford, said the lack of a test that allows employers to determine whether a worker is under the influence of marijuana at the moment of testing creates a challenge for employers hoping to limit marijuana use at work. <\/p>\n

\u201cIf somebody is not acting quite right at work and they get into an accident and someone gets hurt, you can test them and immediately know whether they were intoxicated from alcohol use,\u201d McHale said. \u201cBut with THC, you have no idea whether that person is high right then or whether the THC is in their system from two weeks ago when they used recreational marijuana on the weekend.\u201d <\/p>\n

Connecticut legalized recreational marijuana last month, and the first components of the new law went into effect on July 1. New regulations on employers will not go into effect until one year later, and businesses across the state are taking the next twelve months to prepare for what legal marijuana will mean for them and their employees.  <\/p>\n

According to the law, most businesses in Connecticut will no longer be able to decide not to hire an applicant due to a positive result for marijuana on a pre-employment drug test. Exceptions to this rule include federal employers, along with workers in healthcare, transportation, law enforcement, and more. <\/p>\n

Any business in Connecticut can still ban their own employees from using recreational marijuana, both on the job or on their own time, as long as the employer distributes a written policy to all employees and applicants at the time of an offer of employment.  <\/p>\n

\u201cThe key question is whether employers want to prohibit their employees from using recreational marijuana outside of work,\u201d McHale said. \u201cMost of the clients I represent don\u2019t want to get involved in their employees\u2019 personal lives, but there are exceptions, like for jobs in public safety, hospitals, or nursing homes.\u201d <\/p>\n

Sarah Skubas, a principal at employment law firm Jackson Lewis PC, said that most employers she works with that are considering banning marijuana use are doing so due to safety concerns. <\/p>\n

\u201cIt\u2019s driven mostly by industry,\u201d Skubas said. \u201cMore safety-sensitive businesses tend to be more concerned about the potential for impairment.\u201d <\/p>\n

Other businesses are contemplating restricting employee drug use for reasons of public perception, Skubas said. <\/p>\n

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