Rhode Island has enacted the Rhode Island Cannabis Act (the Act), which adds and clarifies workplace protections related to cannabis use.
Under the act, an employer:
- May refuse to hire, or may discharge, discipline or take adverse action against an employee because that person violated a workplace drug policy or worked while under the influence of cannabis;
- Is not required to accommodate a worker that uses, possesses, or is under the influence of cannabis at work or another location (including remote work) while working; and
- May implement policies prohibiting the use or possession of cannabis in the workplace or working under the influence of cannabis.
Note: If an employee’s job duties involve work that is hazardous, dangerous, or essential to public welfare and safety, an employer may prohibit cannabis use within 24 hours prior to a scheduled work shift or assignment.
Prohibited actions:
Under the law, an employer cannot fire or discipline an employee solely because the employee lawfully and privately used cannabis outside of work if the employee has not and is not working under the influence of cannabis.
Note: Exceptions to the off-duty use protections also exist for collective bargaining agreements as well as federal contractors, who may discipline an employee’s off-duty use of cannabis if they would otherwise lose a monetary or benefit related to licensing.
Next steps:
Rhode Island employers should review their drug and alcohol testing policies, forms, practices, and supervisor training to ensure compliance with House Bill 7593.