Medical and Recreational Marijuana State and Local Laws Chart: Overview

by Practical Law Labor & Employment

A Reference Chart that provides a state-by-state overview of laws authorizing medical and recreational marijuana and their effect on the workplace. It addresses key issues for private employers, including employee and applicant rights, drug testing policies, and workplace accommodations. Because federal law, including the Controlled Substances Act (CSA), prohibits marijuana use in many circumstances, employers face a complex legal landscape. For each jurisdiction, this chart outlines the primary source of the law, the individual rights created, and any employer exemptions or obligations. It examines how state statutes and case law treat an employer's right to discipline or terminate employees for positive drug tests, including for off-duty use. This Reference Chart also discusses specific municipal ordinances that address restrictions or employee rights related to marijuana in the workplace.