{"id":717,"date":"2021-08-26T16:21:04","date_gmt":"2021-08-26T16:21:04","guid":{"rendered":"http:\/\/CBMihgFodHRwczovL3d3dy5tb25kYXEuY29tL3VuaXRlZHN0YXRlcy9jYW5uYWJpcy1oZW1wLzExMDU3MzYvY29ubmVjdGljdXQtYmVjb21lcy10aGUtMjB0aC1qdXJpc2RpY3Rpb24tdG8tbGVnYWxpemUtcmVjcmVhdGlvbmFsLW1hcmlqdWFuYdIBAA"},"modified":"2021-08-26T16:21:04","modified_gmt":"2021-08-26T16:21:04","slug":"connecticut-becomes-the-20th-jurisdiction-to-legalize-recreational-marijuana-cannabis-hemp-united-states-mondaq-news-alerts","status":"publish","type":"post","link":"https:\/\/thcinct.com\/?p=717","title":{"rendered":"Connecticut Becomes The 20th Jurisdiction To Legalize Recreational Marijuana &#8211; Cannabis &amp; Hemp &#8211; United States &#8211; Mondaq News Alerts"},"content":{"rendered":"<div><img decoding=\"async\" src=\"https:\/\/thcinct.com\/wp-content\/uploads\/2021\/08\/connecticut-becomes-the-20th-jurisdiction-to-legalize-recreational-marijuana-cannabis-hemp-united-states-mondaq-news-alerts.jpg\" class=\"ff-og-image-inserted\"><\/div>\n<p> To print this article, all you need is to be registered or login on Mondaq.com. <\/p>\n<div id=\"articlebody\">\n<p><em><strong>Seyfarth Synopsis:<\/strong>&nbsp;In the first six<br \/>\nmonths of 2021, several states legalized marijuana for recreational<br \/>\nand medicinal purposes, including New York, New Jersey, Virginia,<br \/>\nand New Mexico. &nbsp;States show no signs of slowing down.<br \/>\n&nbsp;On June 22, 2021, Connecticut Governor Ned Lamont signed a<br \/>\nbill that legalized recreational marijuana use by adults 21 years<br \/>\nand older. &nbsp;Although provisions relating to possession are<br \/>\neffective now (as of July 1, 2021), the employment-related<br \/>\nprovisions are not effective until July 1, 2022. &nbsp;Because the<br \/>\nnew law will prohibit many employers from taking certain actions in<br \/>\nthe absence of clear policies addressing marijuana use or evidence<br \/>\nof impairment, Connecticut employers that do not have written drug<br \/>\nand alcohol testing policies should consider developing them in the<br \/>\nnear future and those companies that have policies in place should<br \/>\nreview and, if necessary, revise their current drug and alcohol<br \/>\ntesting policies.&nbsp; In addition, all employers should consider<br \/>\ntraining their managers on making reasonable suspicion<br \/>\ndeterminations.<\/em><\/p>\n<p><strong>Can employers still maintain a drug and alcohol-free<br \/>\nworkplace?<\/strong><\/p>\n<p>Yes. &nbsp;Employers do not have to tolerate employees being<br \/>\nunder the influence of marijuana while they are working and they<br \/>\nmay prohibit employees from using and possessing marijuana during<br \/>\nwork hours and while performing their job duties or on company<br \/>\npremises. &nbsp;However, employers still must be mindful of the<br \/>\nstate law protections currently available to medical marijuana<br \/>\nusers including, among other things, not taking adverse action or<br \/>\notherwise discriminating against someone based solely on their<br \/>\nstatus as a qualifying medical marijuana patient or their<br \/>\npossession of medical marijuana.<\/p>\n<p><strong>What rights do Connecticut employers have if they have a<br \/>\ndrug-free workplace policy?<\/strong><\/p>\n<p>If an employer has in place or implements a drug-free workplace<br \/>\npolicy that prohibits employee use or possession of marijuana and<br \/>\nsuch written policy is made available to employees prior to<br \/>\nenactment, the employer can take action against an employee who<br \/>\nuses recreational marijuana or tests positive for recreational<br \/>\nmarijuana as part of reasonable suspicion and random drug testing.<br \/>\n&nbsp;In the case of a job applicant, an employer can rescind an<br \/>\noffer or a conditional job offer if an applicant tests positive for<br \/>\nrecreational marijuana so long as the employer makes the policy<br \/>\navailable to the applicant at the time of offer.<\/p>\n<p><strong>Does the law exempt any industries or<br \/>\npositions?<\/strong><\/p>\n<p>Connecticut&#8217;s law has more exemptions than typically are<br \/>\nseen in other recreational marijuana laws.<\/p>\n<ul>\n<li>For instance, it sets out a variety of industries exempt from<br \/>\nthe employment-related sections of the law, including those in<br \/>\nmanufacturing, construction, transportation or delivery, utilities,<br \/>\neducational services, healthcare, social services, mining, and<br \/>\nseveral others.<\/li>\n<li>Certain positions also share the same exemption, including<br \/>\n(among others) firefighters, emergency medical technicians, law<br \/>\nenforcement, Department of Transportation-regulated workers,<br \/>\npositions requiring a Department of Defense or Department of Energy<br \/>\nsecurity clearance, positions requiring supervision or care of<br \/>\nchildren, medical patients or vulnerable persons, positions with<br \/>\nthe potential to adversely impact the health or safety of employees<br \/>\nor members of the public, as determined by the employer, positions<br \/>\nrequiring certification of a course in construction safety and<br \/>\nhealth approved by the federal Occupational Safety and Health<br \/>\nAdministration (a voluntary program that provides training to<br \/>\nworkers on the recognition, avoidance, abatement, and prevention of<br \/>\nsafety and health hazards in workplaces in the construction<br \/>\nindustry), and positions in which the law would be in conflict with<br \/>\nthe provisions of an employment contract or a collective bargaining<br \/>\nagreement.<\/li>\n<li>In addition, the law does not apply to drug testing, conditions<br \/>\nof employment, or hiring practices for employers required to test<br \/>\nin accordance with: (a) Department of Transportation regulations;<br \/>\n(b) any contract entered into between the federal government and an<br \/>\nemployer or any grant of financial assistance from the federal<br \/>\ngovernment to an employer that requires drug testing of job<br \/>\napplicants as a condition of receiving the contract or grant; (c)<br \/>\nany federal law or state statute, regulation, or order that<br \/>\nrequires drug testing of job applicants for safety or security<br \/>\npurposes; or (d) any applicant whose prospective employer is a<br \/>\nparty to a valid collective bargaining agreement that specifically<br \/>\naddresses certain topics, including drug testing.<\/li>\n<\/ul>\n<p><strong>Can employers still conduct reasonable suspicion drug<br \/>\ntests and take action based on the results?<\/strong><\/p>\n<p>Yes, even if the employer does not have a drug-free workplace<br \/>\npolicy. &nbsp;The new law describes the standards the employer must<br \/>\nmeet under this scenario: where the employer has (a) reasonable<br \/>\nsuspicion that an employee is using marijuana while working at the<br \/>\nworkplace or on call, or (b) determined that an employee manifests<br \/>\nspecific, articulable symptoms of drug impairment while working at<br \/>\nthe workplace or on call that decrease or lessen the employee&#8217;s<br \/>\nperformance of their job duties or tasks, including, but not<br \/>\nlimited to, (i) symptoms of the employee&#8217;s speech, physical<br \/>\ndexterity, agility, coordination, demeanor, irrational or unusual<br \/>\nbehavior, or negligence or carelessness in operating equipment or<br \/>\nmachinery, (ii) disregard for the safety of the employee or others,<br \/>\nor involvement in any accident that results in serious damage to<br \/>\nequipment or property, (iii) disruption of a production or<br \/>\nmanufacturing process, or (iv) carelessness that results in any<br \/>\ninjury to the employee or others.<\/p>\n<p><strong>What are the remedies if an employer violates the<br \/>\nlaw?<\/strong><\/p>\n<p>Aggrieved individuals have a private right of action and may<br \/>\nbring a lawsuit in Connecticut superior court within 90 days of an<br \/>\nalleged violation.&nbsp; Prevailing individuals may be awarded<br \/>\nreinstatement of their job or job offer, back pay, attorneys&#8217;<br \/>\nfees, and costs. &nbsp;However, certain good faith and other<br \/>\ndefenses may be available to an employer alleged to have violated<br \/>\nthe law.<\/p>\n<h3>Next Steps for Employers<\/h3>\n<p>While the new Connecticut law generally allows employers to<br \/>\ncontinue to prohibit employees from using recreational marijuana,<br \/>\nthey must follow the mandates of the law before doing so.<br \/>\n&nbsp;Connecticut employers should consult experienced employment<br \/>\ncounsel to determine what modifications to their drug testing<br \/>\npolicies may be necessary in light of the new law and<br \/>\nConnecticut&#8217;s medical marijuana law, which provides broader<br \/>\nprotections to employees who lawfully use medical marijuana, or to<br \/>\ndevelop a written policy. &nbsp;Employers conducting urinalysis<br \/>\ndrug tests in Connecticut also must ensure their policies and<br \/>\npractices comply with the state&#8217;s drug testing statute.<\/p>\n<p><em>The content of this article is intended to provide a general<br \/>\nguide to the subject matter. Specialist advice should be sought<br \/>\nabout your specific circumstances.<\/em><\/p>\n<\/div>\n<div id=\"populararticles\">\n<p>POPULAR ARTICLES ON: Cannabis &amp; Hemp from United States<\/p>\n<div class=\"related-article\"> <a class=\"related-article-title\" href=\"https:\/\/www.mondaq.com\/unitedstates\/landlord-tenant--leases\/1102244\/an-introduction-to-indemnity-law?type=popular\">An Introduction To Indemnity Law<\/a> <\/p>\n<p>Collins Einhorn Farrell <\/p>\n<p>When a complaint comes in, it&#8217;s natural for attorneys to read it and immediately start addressing the elements and defense to the plaintiff&#8217;s claim. <\/p>\n<\/p><\/div>\n<div class=\"related-article\"> <a class=\"related-article-title\" href=\"https:\/\/www.mondaq.com\/unitedstates\/general-immigration\/1098030\/rescheduling-uscis-biometric-services-appointments?type=popular\">Rescheduling USCIS Biometric Services Appointments<\/a> <\/p>\n<p>Cozen O&#8217;Connor<\/p>\n<p>On July 28, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it will no longer accept written requests to reschedule biometric services appointments at application support centers. <\/p>\n<\/p><\/div>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>To print this article, all you need is to be registered or login on Mondaq.com. Seyfarth Synopsis:&nbsp;In the first six months of 2021, several states legalized marijuana for recreational and medicinal purposes, including New York, New Jersey, Virginia, and New Mexico. &nbsp;States show no signs of slowing down. &nbsp;On June 22, 2021, Connecticut Governor Ned Lamont signed a bill that legalized recreational marijuana use by adults 21 years and older. &nbsp;Although provisions relating to possession are effective now (as of July 1, 2021), the employment-related provisions are not effective until July 1, 2022. &nbsp;Because the new law will prohibit many&#8230; <\/p>\n","protected":false},"author":1,"featured_media":718,"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-717","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured"],"jetpack_featured_media_url":"https:\/\/thcinct.com\/wp-content\/uploads\/2021\/08\/connecticut-becomes-the-20th-jurisdiction-to-legalize-recreational-marijuana-cannabis-hemp-united-states-mondaq-news-alerts.jpg","_links":{"self":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/717","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=717"}],"version-history":[{"count":0,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/717\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/media\/718"}],"wp:attachment":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=717"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=717"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=717"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}