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Governor LePage has signed a proclamation certifying the results of last November’s referendum on recreational marijuana use. The new law is set to take effect on January 30, 2017.

The referendum did include language regarding employment and employers retain the right to prohibit possession, use, and being under the influence in the workplace and to enact and enforce related policies. Employers may also not discriminate due to marijuana use outside the workplace.

  • Employment policies. This chapter may not be construed to require an employer to permit or accommodate the use, consumption, possession, trade, display, transportation, sale, or growing of cannabis in the workplace. This chapter does not affect the ability of employers to enact and enforce workplace policies restricting the use of marijuana by employees or to discipline employees who are under the influence of marijuana in the workplace.
  • School, employer, or landlord may not discriminate. A school, employer, or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person 21 years of age or older solely for that person’s consuming marijuana outside of the school’s, employer’s or landlord’s property.
  • Employers should review their policies on substance abuse in the workplace and communicate any changes to employees. Employment drug testing needs to be in compliance with both federal and state law.
  • Maine requires a state approved plan unless employees are covered by federally mandated testing. The state is offering impairment training to recognize and respond to impairment in the workplace in order to reduce accidents and injuries.

See this link for more information – https://content.govdelivery.com/accounts/MEDOL/bulletins/1767eb5#link_1482423982341

Legislation is expected around this issue and several municipalities have already approved moratoriums related to marijuana retail establishments and social clubs.

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