{"id":151,"date":"2021-07-22T19:01:26","date_gmt":"2021-07-22T19:01:26","guid":{"rendered":"http:\/\/CBMiiAFodHRwczovL3d3dy5tb25kYXEuY29tL3VuaXRlZHN0YXRlcy9jYW5uYWJpcy1oZW1wLzEwOTQzMTQvY29ubmVjdGljdXQzOXMtbmV3LW1hcmlqdWFuYS1sYXctYW5kLWl0cy1yYW1pZmljYXRpb25zLWZvci1pbmRlcGVuZGVudC1zY2hvb2xz0gEA"},"modified":"2021-07-22T19:01:26","modified_gmt":"2021-07-22T19:01:26","slug":"connecticuts-new-marijuana-law-and-its-ramifications-for-independent-schools-cannabis-hemp-united-states-mondaq-news-alerts","status":"publish","type":"post","link":"https:\/\/thcinct.com\/?p=151","title":{"rendered":"Connecticut’s New Marijuana Law And Its Ramifications For Independent Schools – Cannabis & Hemp – United States – Mondaq News Alerts"},"content":{"rendered":"
<\/div>\n

Effective July 1, 2021, Connecticut became one of a growing
\nnumber of states to legalize the recreational use of
\nmarijuana.  Under this new law<\/a>, it is now legal in Connecticut for
\nindividuals age 21 or older to possess, use, or otherwise consume
\nmarijuana or marijuana products, subject to certain restrictions
\nand limitations.  As a result, many independent schools are in
\nthe process of determining if and how this new law will impact
\ncurrent policies and practices, particularly as related to faculty
\nand staff who may drive students as part of their job
\nresponsibilities.  Below is a brief summary of some key
\naspects of the new law and responses to frequently asked questions
\nfrom independent schools regarding the implications of the new
\nmarijuana law in Connecticut.<\/p>\n

Key Aspects of the Law<\/h3>\n

Though the law contains provisions to regulate the sale of
\nmarijuana, of primary interest to schools are the provisions
\nrelated to the possession and use of recreational marijuana by
\nemployees.  Many of these workplace provisions do not go into
\neffect until July 2022.  However, it is important for
\nindependent schools to recognize that the law exempts certain
\nemployers, including independent schools, from many of these
\nworkplace requirements, including the requirement to adopt
\nworkplace policies to address cannabis possession or use. 
\nThis exemption provides greater flexibility for independent schools
\nto develop employment policies regulating the possession and use of
\nrecreational marijuana, particularly on their school campuses.<\/p>\n

Therefore, while independent schools may be exempt from the
\nlegal requirement to adopt workplace policies in this area, it is
\nstill advisable for schools to draft or revise employee policies to
\nensure they adequately reflect the current law and clearly
\ncommunicate the school’s expectations and policies regarding
\nboth recreational and medicinal marijuana in the workplace.
\nBoarding schools with residential faculty, and any schools that
\ncurrently use faculty\/staff to drive students, will be particularly
\ninterested in ensuring they are communicating clearly to their
\nemployees about the rules for employee use and possession of
\nrecreational marijuana.  It will be important for all
\nindependent schools to put all faculty and staff on notice
\nregarding the school’s expectations and requirements well in
\nadvance of the new school year.<\/p>\n

FAQs<\/strong><\/h3>\n

Is recreational cannabis use legal for everyone, without
\nlimit?<\/h3>\n

No. The law generally allows only adults age
\ntwenty-one (21) or older<\/em><\/strong> to possess or use
\ncannabis recreationally, up to specified limits.  This
\npermissive use of recreational marijuana supplements existing law
\nthat already allows for the palliative use of marijuana by
\nqualified patients. This new law establishes penalties for adults
\nwho possess more than the legal limits, including fines of $100 for
\nthe first offense and $250 for a subsequent offense.  For
\npossession of larger amounts, an individual can face a fine of $500
\nfor the first offense and, for subsequent offenses, a Class C
\nmisdemeanor, punishable by up to three months in
\nprison.1<\/sup><\/p>\n

This new law also establishes various penalties for possession
\nof cannabis by minors, depending on factors such as the
\nindividual’s age, whether it is the minor’s first or
\nsubsequent offense, and the amount of cannabis the minor
\npossesses.<\/p>\n

Can individuals smoke, possess or use cannabis in school
\nbuildings and on school grounds?<\/h3>\n

Effective October 1, 2021, the law expands the existing ban on
\nsmoking on school grounds by expressly prohibiting smoking (or
\nvaping) marijuana on school grounds or in “any area” of
\nschool buildings or facilities under the school’s
\ncontrol.  Notably, however, the law itself does not go so far
\nas to prohibit the possession<\/em> of marijuana or
\nits recreational use <\/em> on school grounds. 
\nGiven that current law specifically prohibits even qualified
\npatients from ingesting marijuana for medicinal reasons on school
\ngrounds, schools will want to develop clear policies that
\narticulate their expectations for faculty, staff and others
\nregarding the possession of marijuana on campus generally, as well
\nas the recreational use of marijuana (other than smoking) on school
\ngrounds.<\/p>\n

In addition, while this new law does not specifically prohibit
\nthe possession, use, or consumption (other than smoking) of
\nrecreational cannabis in school buildings or on school grounds,
\nschools should be mindful that any entities receiving Federal
\ngrants must provide a drug-free workplace, and marijuana (cannabis)
\nremains a controlled substance under Federal law. <\/p>\n

Can the school prohibit cannabis use by employees at work?<\/h3>\n

Yes. As noted above, the law prohibits anyone, including school
\nemployees, from smoking, using electronic nicotine or cannabis
\ndelivery systems, or vapor products in facilities under the
\nschool’s control, in a school building, or on school
\ngrounds.<\/p>\n

Like any employer, schools can prohibit employees from being
\nunder the influence of marijuana while working (including when
\nworking remotely) or when reasonably expected to be performing job
\nresponsibilities, including when faculty and staff are on call or
\notherwise on duty, such as overnight duty in a dorm.<\/p>\n

As exempted employers, independent schools also have wide
\nlatitude to implement rules that prohibit the possession, use and
\nconsumption of marijuana, beyond what is prohibited by the
\nlaw.  For example, a school may elect to prohibit possession
\nand use of marijuana on school grounds, subject only to provisions
\nrelating to medicinal use.  As an exempted employer,
\nschools’ policies may also put employees on notice that they
\nmay be disciplined even for off-duty use of marijuana and schools
\nmay refuse to hire new employees based on prior use of
\nmarijuana.  Finally, given the flexibility afforded school
\nemployers, schools can also penalize an employee or refuse to hire
\na prospective employee who tests positive for THC, including an
\nemployee who tests positive as a result of the random drug testing
\nrequired for anyone driving a student activity vehicle.<\/p>\n

Despite this latitude, schools must, however, continue to allow
\nqualifying patients to possess<\/em> palliative
\nmarijuana, subject to statutory limits, while at work. 
\nNotably, such qualifying patients are still prohibited
\nfrom ingesting<\/em> marijuana in the workplace, on
\nschool grounds or in a dormitory, on a school bus or any other
\nmoving vehicle, and in the presence of any person under the age of
\neighteen (18).  Therefore, when adopting policies on this
\nissue, schools should carefully consider their positions regarding
\nrecreational and palliative use of marijuana, so as not to run
\nafoul of the state law prohibiting employers from penalizing an
\nemployee solely on the basis of the individual’s status as a
\nqualifying patient.<\/p>\n

Can the school prohibit marijuana use by employees outside of
\nwork?<\/h3>\n

Schools have discretion to take adverse employment action
\nagainst employees for using recreational marijuana, even if they do
\nso outside of work, off of school grounds, and within the bounds of
\nthe law, whether or not they have a written policy for marijuana
\nuse.  To be sure, as exempted employers, independent schools
\ncan refuse to hire or take disciplinary action based on an
\nemployee’s possession, use or consumption of recreational
\ncannabis inside or outside the workplace, including before
\nemployment, with or without a policy in place. 
\nNotwithstanding their status as exempted employers, however,
\nschools are well advised to adopt a written policy explaining their
\nexpectations and requirements for employees, and ensure that
\napplicants and employees are given proper notice of such
\npolicy.  When developing such policies, schools are reminded
\nthat they cannot refuse to hire, penalize, or discharge an employee
\nbased on an individual’s status as a qualifying.<\/p>\n

Can independent schools still require drug testing of
\nemployees?<\/h3>\n

Independent schools can and, in some cases, must require
\nemployees to submit to drug testing, just as they did prior to
\npassage of this law.<\/p>\n

First, a school may require an employee to submit to a
\nurinalysis drug test if it has reasonable suspicion that an
\nemployee is under the influence of drugs or alcohol, which
\nadversely affects or could adversely affect the employee’s job
\nperformance.<\/p>\n

In addition, schools may, and sometimes must require employees
\nto submit to pre-employment and random urinalysis drug tests in
\ncertain circumstances.  For example, an independent school
\nmust, after providing written notification at the time of
\napplication, require employees who will drive school buses or
\nstudent transportation vehicles to submit to (1) pre-employment
\nurinalysis drug tests and (2) subsequent random urinalysis drug
\ntests, in accordance with state and federal law.  Importantly,
\nfederal law continues to classify marijuana as a controlled
\nsubstance. <\/p>\n

If a prospective or current employee receives a positive
\nurinalysis drug test result and <\/em> a confirmatory
\npositive test result using a second urinalysis drug test that meets
\nstatutory requirements, an employer cannot employ that
\nindividual as a driver for two years.  Schools are
\nadvised that these testing requirements, and potential penalties,
\ncontinue to exist despite the legalization of recreational
\nmarijuana.  Therefore, it is important for schools to
\ncommunicate this information to current and prospective employees
\nso that anyone who will be required to drive students as part of
\ntheir job understands that even recreational use of marijuana may
\nhave adverse employment actions.<\/p>\n

What should be included in a school’s policy regarding
\nmarijuana?<\/h3>\n

As noted above, schools are advised to draft or update their
\nemployment policies to account for the legalization of recreational
\nmarijuana, including how they will address (1) use of recreational
\nmarijuana in the physical workplace, including in faculty
\nresidences; (2) use of recreational marijuana in the remote
\nworkplace; (3) use of recreational marijuana outside of the
\nworkplace; and (4) drug testing of employees.  As noted above,
\nthe school’s policy should also consider and address how these
\nrules will do<\/p>\n

Footnote<\/strong><\/p>\n

1. These penalties apply when an individual
\npossesses at least five ounces of cannabis plant material and\/or an
\nequivalent amount of cannabis products or eight ounces of cannabis
\nand\/or the equivalent amount of cannabis products in a locked
\ncontainer at home or in a locked glove box or trunk of a motor
\nvehicle.<\/small><\/p>\n

The content of this article is intended to provide a general
\nguide to the subject matter. Specialist advice should be sought
\nabout your specific circumstances.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Effective July 1, 2021, Connecticut became one of a growing number of states to legalize the recreational use of marijuana.  Under this new law, it is now legal in Connecticut for individuals age 21 or older to possess, use, or otherwise consume marijuana or marijuana products, subject to certain restrictions and limitations.  As a result, many independent schools are in the process of determining if and how this new law will impact current policies and practices, particularly as related to faculty and staff who may drive students as part of their job responsibilities.  Below is a brief summary of some key… <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[2],"tags":[],"class_list":["post-151","post","type-post","status-publish","format-standard","hentry","category-featured"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/151","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=151"}],"version-history":[{"count":0,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/151\/revisions"}],"wp:attachment":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=151"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=151"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=151"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}