Written By ESR News Blog Editor Thomas Ahearn
On February 1, 2018, portions of IB 2015, c.5, “Question 1 – An Act to Legalize Marijuana” took effect in Maine requiring employers to stop drug testing job applicants for marijuana use and also preventing employers from firing workers 21 years or older for the use of marijuana outside of the workplace.
Maine voters approved Question 1 to permit the recreational use, retail sale, and taxation of marijuana in November of 2016. The law was originally scheduled to take effect January 30, 2017, but the Maine legislature imposed a moratorium on the retail sales and taxation of marijuana until February 2018.
Although the new effective date for the law has now passed, Maine has not yet finalized rules that will permit the retail sale of marijuana and marijuana products. But employers cannot discriminate against workers for their off-work use of marijuana even though the drug is still illegal at the federal level.
The portion of Question 1 dealing with discrimination reads: A school, employer or landlord may not refuse to enroll