Summary Cannabis and Employment

Reducing Employment Barriers 

States with legal medical and recreational marijuana use continue to trend towards introducing laws that reduce employment barriers for users.  

The following table includes states that have some kind of enacted legislation allowing or requiring convictions of marijuana possession to be set aside, sealed or expunged. It also includes states that have pardoned those convicted of simple cannabis possession. By setting-aside, sealing, or expunging these records, it ensures employers would not have access to information about cannabis convictions of prospective employees, thus removing a barrier to employment. 

 In addition to state efforts, President Biden issued a presidential proclamation pardoning all federal convictions for simple marijuana possession. This pardon only applies to federal convictions and offenses in Washington D.C. 

Medical Cannabis and Employer Liability 

Once more, as states trend toward preventing discrimination against individuals who use medical marijuana, they are still maintaining employer’s rights to maintain a drug-free work place. There are a few states working to address the possibility of employees being under the influence of medical cannabis during the course of their employment.   

Indiana, for example, introduced a bill in 2019 that would outlaw employment discrimination against medical cannabis patients, but also add certain protections for employers. The bill would allow employers to prohibit medical patients from performing any task while under the influence of cannabis. Prohibition of the performance-specific tasks would not be considered unlawful discrimination even if it resulted in financial harm to the employee. This provision was presumably drafted with the intent of decreasing an employer’s liability for the actions of employees under the influence of cannabis and completing certain tasks related to their employment such as driving, operating heavy machinery or tasks related to public health and safety.