Connecticut has enacted legislation (Senate Bill 1201) that will allow adults to use recreational marijuana in the state beginning July 1, 2021. Senate Bill 1201 also includes certain employment protections for recreational marijuana use outside of work. The employment-related provisions generally take effect July 1, 2022. The following is a summary of these provisions.
Senate Bill 1201:
With limited exceptions, an employer may maintain a drug-free workplace and implement a policy prohibiting the possession, use, or consumption of cannabis by an employee, provided such policy is in writing, in either physical or electronic form, and made available to each employee prior to enactment. The employer must also make the policy available to each prospective employee at the time an offer or conditional offer of employment is made.
Notably, one of the exceptions that employers must make to the policy is for off-duty use of medical marijuana by qualifying patients. Employers must also allow qualifying patients to possess medical marijuana.
Employers are generally prohibited from taking adverse action against employees because they use cannabis products outside of the workplace, unless the action is made pursuant to the written policy described above.
Use Prior to Employment:
Generally, employers are prohibited from taking adverse action against an employee or potential employee for cannabis use prior to applying for a job or working at the employer, unless failing to do so would put the employer in violation of a federal contract or result in the loss of federal funding, or the individual is seeking employment (or is employed) in certain exempt positions.
Exemptions:
Certain employers, positions, and employees are exempt from aspects of the law. See the text of the law for the definitions and scope of such exemptions.
Drug Testing:
Employers are generally prohibited from using a positive test solely for THC as the only basis for refusing to employ an applicant or employee, unless:
- It would put the employer in violation of a federal contract or cause it to lose federal funding;
- The employer reasonably suspects an employee's usage of cannabis while engaged in performing their work responsibilities,
- The employee manifests specific, articulable symptoms of drug impairment while working that decrease or lessen the employee's job performance; or
- The drug test was pursuant to a random drug testing policy (if permitted by state law) and the employer has an established policy that a positive drug test for THC may result in an adverse employment action.
The law prohibits employers from taking adverse action against a prospective employee (such as rescinding a conditional job offer) regarding a drug test that is positive for only THC unless:
- The employer is an exempted employer (see the text of the law for definition);
- The prospective employee is applying for an exempted position (see the text of the law for definition), or
- The employer has established in the policy described above that a positive drug test for THC may result in adverse employment action.
Other Rules:
The law doesn't limit an employer from taking appropriate adverse action upon:
- Reasonable suspicion of an employee's cannabis use while engaged in work at the workplace or on-call; or
- Determining that an employee manifests specific, articulable symptoms of drug impairment while working at the workplace or on-call that decrease or lessen their job performance, including, but not limited to:
Compliance Recommendations:
Connecticut employers should review their policies and procedures and ensure compliance with Senate Bill 1201. Due to the complexity of the law, employers may want to consult legal counsel when doing so. Please contact your dedicated service professional with any questions.