What’s the Deal with Marijuana Legalization at Work? 

What's the deal exactly with legalization of marijuana at work? Make sure you are familiar with the laws by state below.
What’s the Deal with Marijuana Legalization at Work? 
Written by Brian Wallace

Marijuana has been legalized in many states.  However, there continues to be discussion about the best way to regulate marijuana, and states approach this topic in different ways.  Learning about the various marijuana laws throughout the United States is useful, as it allows individuals to stay informed about a key cultural topic. 

Increases in Legalization

Over the past half century, support for marijuana legalization has increased fivefold.  In 1969, 12% of Americans supported the legalization of marijuana.  In 2000, that number jumped to 31%.  Support continued to grow; in 2023, 70% of Americans supported legalized marijuana. 

In general, marijuana laws have followed this trend of support.  Currently, 24 states have fully legalized marijuana, and more than half of the population of the United States lives in a state that has legalized marijuana. 

However, many states still have strict marijuana laws.  Some states, such as Alabama and Arkansas, permit medical marijuana, but recreational marijuana remains illegal and criminalized.  Hawaii, New Hampshire and North Dakota also permit medical marijuana, and have decriminalized recreational marijuana.  Louisiana, Mississippi and North Carolina have decriminalized marijuana, but have not legalized it.  Finally, some states maintain marijuana as fully illegal. 

Legalization by State

Alaska and California are among the most lenient states when it comes to marijuana laws.  Close to 33% of Alaskans admit to smoking marijuana.  Alaskans can legally possess up to 1 ounce of cannabis, no matter the purpose.  In California, it is illegal for employers to ask workers about cannabis use outside of the workplace.  Similarly, employers cannot use hair or urine tests to test for marijuana, unless the job is in construction or the federal government. 

On the other side of the spectrum, Idaho and Wyoming are some of the strictest states.  In Idaho, possession of marijuana is a misdemeanor, and can land you 1 year in prison and a maximum fine of $1,000.  Distribution of marijuana is classified as a felony, resulting in 9 years in prison and a maximum fine of $30,000.  The penalty for possession in Wyoming depends on the quantity of marijuana; 3 ounces or less is a misdemeanor, whereas more than 3 ounces is a felony. 

Another important consideration when it comes to marijuana legislation is how to approach employment drug tests.  48% of employers do not test for marijuana in the pre-hire process, but more than 1 in 3 employers are not prepared for the impact of legal cannabis use in the workplace.  39% of marijuana users report that they go to work high on a weekly basis, meaning that it is common for individuals to be under the influence while working.  Finding a way to navigate marijuana usage in the workplace is a continual process for states.  

Conclusion

Marijuana usage and legality has been a hotly-debated topic of conversation, and continues to be so.  Even though a majority of Americans support marijuana legalization, discussion remains regarding the specifics.  For example, questions remain about testing, how much marijuana an individual can legally possess, use in the workplace and more.  These laws will continue to evolve, so stay tuned for updates to marijuana legality.

Marijuana at Work? State by State
Source: US Drug Test Centers

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