David Morrison, a principal in the firm's Litigation and Labor & Employment groups, is quoted in "Marijuana and the Workplace: What’s New for 2020?," published in the Jan. 17, 2020, edition of SHRM.org.
The article examines some of the new changes to marijuana laws that were implemented at the beginning of 2020, including legalizing recreational use, limiting pre-employment drug use screens and protection for medical patients.
In states where use is legal for either medical or recreational use, the article notes that employers should know that they don't have to accommodate on-the-job use or intoxication. "But determining how to proceed if an employee has used medical marijuana varies by state, explained Mr. Morrison. For instance, in Arkansas, employers may discharge employees based on a good-faith belief that the employee was impaired by medical marijuana on company property or during work hours, but a positive drug test alone is not sufficient grounds for a good-faith belief."