Employers in Maine can no longer discriminate against employees based on marijuana use during off-time. Workers are now protected from getting fired or disciplined based solely on their use of cannabis in their off-time, attorneys at Littler Mendelson report.
In a refreshing display of “if it’s legal, it’s legal,” the Maine Department of Labor has removed cannabis from the list of substances for which employers may test.
While other states have legalized recreational cannabis use, until now, none of them prevented employers from enacting anti-marijuana policies or refusing to hire candidates who test positive for weed. HR managers at affected employers in Maine are updating their handbooks and drug policies to reflect the changes.
The provisions prohibit employers from refusing to employ or otherwise penalizing anyone 21 or older based on that person’s “consuming marijuana outside the … employer’s … property.” Regardless of where cannabis is consumed, however, the Act allows employers to ban use and possession of cannabis and cannabis products “in the workplace.” It also allows them to “discipline employees who are under