Once Massachusetts, then Connecticut legalized recreational use of marijuana by adults, local business leaders who have long opposed it knew Rhode Island would eventually join them.
Their biggest concern has always been ensuring that legalization wouldn’t keep employers from banning marijuana use in the workplace. Legislative leaders who helped craft the bill quickly approved by lawmakers on May 24 and then signed into law insist employers will maintain that right.
But where prohibition of marijuana use by employees begins and ends remains a gray legal area, especially where workplace safety is not an obvious issue.
For example, the law does not offer a standard for what constitutes being “under the influence” of marijuana in the workplace.
Sen. Joshua Miller, D-Cranston, told PBN that such a standard under the law will be an issue for the employer and employee to resolve, much like alcohol use is now.
“[Employers] navigate that every day,” he said.
But what if the employee doesn’t believe they are under the influence or thinks they are being unfairly targeted for testing?
Miller, a Senate sponsor of the legislation, acknowledges that if such disputes turn into legal challenges, then lawmakers may have to revisit the issue.
For now, he urges employers who have not already included marijuana use in drug policies to do so, so employees are clear on what is not allowed.
While retail recreational sales won’t begin until Dec. 1, under the new law Rhode Islanders can now grow at home and use small amounts of marijuana.
