On May 25, 2022, Rhode Island Governor Daniel McKee signed “The Rhode Island Cannabis Act,” which grants adults aged 21 and older the right to possess and grow certain amounts of cannabis for recreational use. Retail sales are expected to begin as early as December 1, 2022. The new law, which is effective immediately, joins the growing number of states restricting the ability of employers to conduct pre-employment cannabis testing and act based on their employees’ lawful off-duty use, most recently in District of Columbia and New York.
The Cannabis Act allows employers to maintain and enforce a drug-free workplace policy that prohibits employees from using or possessing cannabis in the workplace and from being under the influence of cannabis while they are performing work, including remote work. The law also does not require employers to accommodate the medical use of cannabis in any workplace. Of course, employers still must be mindful of the employment protections included in the state’s separate medical marijuana law.