On July 1st, 2022, possession and consumption of cannabis became legal in Connecticut. This law allows individuals to possess 1.5 ounces of cannabis on their person and five in a locked container in their car or home. This new legislation represents significant changes for many employers and may affect the workplace.

This new law is “An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis.” Not only does it permit the consumption and possession of marijuana, but it permits the expungement of certain marijuana-related convictions, establishes a framework for the production and retail of cannabis-related products, and creates new protections for employees that use marijuana.

Exempt Employers and Positions

Specific industries are exempt from the new law. These industries include construction, education, social services, healthcare, manufacturing, public order, and more. 

Additionally, the law provides exemptions for certain positions, including:

• Firefighters;
• Emergency medical technicians;
• Police and correctional officers;
• Positions requiring screening under state or federal law;
• Positions requiring construction safety certification approved by the Occupational Safety and Health Administration;
• Positions requiring national security clearance from the Department of Defense or Department of Energy;
• Positions under which the law’s provisions would conflict with federal law, a collective bargaining agreement, or an employment contract;
• Positions entrusted with the care or supervision of a vulnerable population;
• A position for an organization that’s primary purpose is to discourage the use of drugs;
• A position that the employer determines has the potential to impact the health of others adversely; and
• A position under an exempt employer.

Marijuana and the Workplace

This new law does not prohibit employers from maintaining a drug and alcohol-free workplace. Employers may still prohibit possession and use of marijuana during work hours, on their premises, or when using employer equipment. Employers may take adverse employment action against employees for such conduct, provided a written policy prohibits such use. Employers similarly may rescind a conditional offer of employment to employees who test positive for marijuana based on such a policy. However, it is important to remember that this may not apply to individuals who use marijuana as a qualifying patient under the state’s medical marijuana law. In addition, employers cannot discriminate against individuals who used marijuana before employment unless the employer is subject to a federal contract or receives federal funding.

Employers may still maintain a policy prohibiting the possession and use of marijuana even outside of the workplace. In addition, employers may take adverse employment action upon:

1. Reasonable suspicion of an employee’s use of cannabis while engaged in the employee’s work responsibilities at the workplace or on-call; or 
2. Determining that an employee shows specific, articulable symptoms of drug impairment while working at the workplace or on call.

Absent reasonable suspicion that an employee was under the influence, a positive test for THC metabolites alone is not enough to take adverse employment action.

Next Steps for Connecticut Employers

First, it is crucial to become familiar with the above requirements. Next, review your existing drug and alcohol policies and update them as necessary to comply with the law’s requirements. It is crucial that the policy thoroughly addresses any prohibitions on marijuana usage as well as testing requirements. This policy should be made available to all current and future employees.

Pre-employ helps employers like you stay compliant and incorporate fair chance hiring practices. Download our free resource 5 Tips To Avoid FCRA Non-Compliance to learn more.

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