While all marijuana use remains illegal under federal law, most states have enacted laws that allow certain uses of marijuana. Many of these laws either directly restrict employers or implicate provisions of other laws that may restrict employers. Most state-legalized marijuana laws do not restrict an employer’s rights to:
- Administer drug tests (though some state laws do restrict testing for marijuana); or
- Prohibit employees from using or being under the influence of marijuana at work or during work hours.