As previously reported here, on November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act became the first law of its kind in the nation to protect employees and applicants from adverse employment action based on their use of off-duty and off-site marijuana.
Simply stated, the Act prohibits employers from refusing to employ or otherwise taking any adverse action against any person age 21 or older based on that individual’s off-premises marijuana use. However, the Act permits employers to bar the on-premises use and possession of marijuana and to discipline employees for being under the influence of marijuana in the workplace. Employers may no longer test job applicants for marijuana. Moreover, according to the Maine Department of Labor, for purposes of a reasonable suspicion drug test, an employee’s positive drug test, by itself, will not be sufficient to prove that the employee is “under the influence” of marijuana.