Maine Enacts Regulatory Structure for Adult Use of Marijuana
06/06/18
Author: Jody Rodney/Wednesday, June 6, 2018/Categories: Compliance Corner
Overview: Maine amends Marijuana use laws to permit employers to enact and enforce workplace policies restricting the use of marijuana by employees.
Effective Date: Already in effect (May 2, 2018)
Details: On May 2, 2018, the Maine Legislature overrode Governor Paul LePage’s veto and enacted An Act to Implement a Regulatory Structure for Adult Use of Marijuana (“the Adult Use Act”). The Adult Use Act deletes the anti-discrimination provision that prohibited Maine employers from refusing to employ or otherwise penalizing any person age 21 or older based on that person’s “consuming marijuana outside the . . . employer’s . . . property.” The Adult Use Act leaves intact provisions that took effect on February 1st. Specifically, employers are:
- not required to permit or accommodate the use, consumption, possession, trade, display, transportation, sale or growing of marijuana in the workplace;
- permitted to enact and enforce workplace policies restricting the use of marijuana by employees; and
- allowed to discipline employees who are under the influence of marijuana in the workplace.
The law is codified at Maine Statutes title 28-B, chapter 1, section 112.
Call to Action: Review and revise, if necessary, policies and procedures concerning workplace safety, drug testing, medical marijuana use, substance abuse and discrimination.