As marijuana laws continue to evolve across the U.S., employers may face challenges in enforcing drug-free workplace and safety policies, especially in states like Wisconsin where medical and recreational marijuana laws do not yet address employment.
Even in states where marijuana is legal, workplace policies typically take precedence. Employers can generally enforce zero-tolerance policies and take action against off-duty use. In Wisconsin and many other states, employers retain the right to discipline or terminate employees for marijuana use at work, arriving under the influence, or violating workplace safety—even for medical use.
To maintain a drug-free workplace:
- Apply policies consistently to all employees.
- Prioritize safety by addressing unsafe behavior, regardless of its cause.
- Document violations to establish a clear record of safety concerns.
As marijuana use becomes more widespread, employers should update their safety programs and workplace policies to stay compliant. Consult legal counsel for guidance on aligning policies with evolving laws.