EMPLOYMENT LAW NEWS
Marijuana Laws by State: Employee Protections
By GovDocs
Updated September 2026
The number of state marijuana laws that provide employee protections continues to grow.
With recreational marijuana becoming more common, employers need to understand the recreational marijuana laws by state that provide protection to employees and applicants.
Here, Employment Law News provides a comprehensive rundown of some of the laws in the 24 states where recreational marijuana is legal and how these laws impact employers.
As always, there are exceptions for certain types of jobs such as safety-sensitive positions, positions on federal contracts, and jobs subject to federal Department of Transportation (DOT) testing regulations, such as commercial drivers. Employers should also check requirements at the local level, especially cities like San Francisco and New York City, to ensure compliance with the latest laws and guidance.
And even with the various state laws providing some employment law protections for off-duty use, employers may still enforce a drug-free workplace and discipline or terminate employees who are impaired while on the job or on call.
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Recreational Marijuana Laws by State: Employee Protections
Earlier this year, the U.S. Department of Justice (DOJ) and Drug Enforcement Administration (DEA) notably moved marijuana products from Schedule I to Schedule III of the Controlled Substances Act. A DEA rescheduling hearing followed, and a final recommendation on reclassification is still pending.
While there is recent movement at the federal level, many states have enacted their own protections for employees who use marijuana off duty.
California
California prohibits employers from discriminating against individuals in hiring, termination, or other conditions of employment for:
- Marijuana use off the job and away from the workplace
- Employer-required drug screening tests that come back positive for nonpsychoactive THC metabolites
Employers may still drug test applicants before hiring, as long as the test does not rely on nonpsychoactive THC metabolites. The law does not apply to employees in the building and construction trades or to positions requiring a federal background investigation or security clearance. It does not preempt state or federal laws requiring drug testing for federal funding, licensing, or contracts. Workers may still be disciplined or terminated for being impaired or using marijuana while on the job.
Connecticut
In Connecticut, employers cannot refuse to employ, discharge, or penalize an applicant or employee based solely on a positive test result for marijuana, unless:
- Failure to do so would cause the employer to violate a federal contract or lose federal funding
- The employer reasonably suspects the employee was using marijuana while on the job
- The employee shows signs of drug impairment
- The result came from a random drug test, and the employer’s policy says a positive test can lead to adverse action
Employers also cannot take adverse action against a current employee for using marijuana outside of work, unless the employer has a written policy allowing it. Similarly, employers cannot refuse to hire an applicant because of past off-duty marijuana use, unless doing so would violate a federal contract or cause the employer to lose federal funding.
These protections do not apply to certain exempted employers and employees, including firefighters, EMTs, and police officers. They also do not apply where federal DOT testing regulations, federal contracts or grants, or collective bargaining agreements that address drug testing require otherwise.
Employers can still ban marijuana use or impairment on the job.
Minnesota
Minnesota prohibits employers from refusing to hire an applicant as well as disciplining or discharging an employee for the use of marijuana outside the workplace and during nonworking hours. Employers can still discipline or fire an employee:
- For marijuana use, possession, impairment, sale, or transfer during work hours, on work premises, or while operating company vehicles, machinery, or equipment
- If failure to do so would violate federal or state law, or lose federal monetary or licensing benefits
Employers also cannot require pre-employment marijuana-specific testing or refuse to hire an applicant solely because they tested positive for marijuana, unless an exception applies. Exceptions include safety-sensitive positions, peace officers, firefighters, face-to-face care of children, vulnerable adults, or patients, commercial drivers, or those otherwise subject to state or federal drug testing rules and positions funded by federal grants.
Employers may also request or require marijuana testing if there is reasonable suspicion the employee is under the influence or the employee violated the written drug and alcohol testing policy. Employers must share the policy with employees in advance and give employees the right to explain a positive result or request a retest at their own expense.
Montana
Montana’s nondiscrimination protections regarding recreational marijuana say employers cannot take adverse action against an employee for off-duty use unless:
- It affects the employee’s ability to perform job duties or the safety of other employees
- It conflicts with an occupational qualification related to the individual’s employment
- The employee is working under a professional service contract authorizing the employer to limit use of marijuana
- It is permissible under the employer’s drug policy, professional contract, or collective bargaining agreement
These protections do not apply to nonprofit employers if one of their primary purposes or objectives is to discourage the use of marijuana by the public.
Nevada
Employers cannot refuse to hire an applicant due to a positive marijuana test, except for the following positions:
- Firefighters
- EMTs
- Positions requiring operation of a motor vehicle with federal or state law required drug testing
- Positions that could adversely affect safety of others as determined by the employer
- If an employment contract or CBA or federal law provides otherwise
- Positions that are federally funded
If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee has the right to submit an additional screening test, at their own expense, to rebut the results of the initial test. The employer must accept and consider the results of that test.
On August 11, 2022, Nevada’s Supreme Court ruled that recreational marijuana use is not protected off-duty conduct due to marijuana being illegal under federal law.
New Jersey
New Jersey provides protections for off-duty recreational marijuana use.
Employers may not refuse to hire an applicant due to a positive marijuana test. Employers are prohibited from discharging an employee based on a positive marijuana test, unless they can demonstrate the employee was impaired at work.
Employers may still require a drug test if they reasonably suspect an employee is using or impaired by marijuana at work, following a work-related accident, or through a random drug test.
Employers can also continue to maintain a drug- and alcohol-free workplace policy, and are not required to allow or accommodate marijuana use or impairment on the job. If following these protections would create a provable adverse impact on an employer subject to federal contract requirements, the employer may revise its policies to stay consistent with federal law.
New York State
New York State’s law says employers cannot refuse to hire, fire, or discriminate against applicants or employees for off-duty legal use of marijuana. Employers also cannot require employees to waive these rights as a condition of employment.
Employers may still take adverse action in certain situations:
- Required by state or federal law
- Employee is impaired on the job
- Failing to do so would result in loss of federal contract or federal funding
A positive drug test, or the smell of marijuana, alone cannot be used to prove impairment.
Employers can still prohibit marijuana possession on company property and use during work hours.
Guidance from the New York Department of Labor also states that employers cannot test for recreational marijuana use unless one of the above situations is involved or as a result of another applicable law.
Rhode Island
Like other states on this list, in Rhode Island employers cannot refuse to hire, fire, or discriminate against applicants or employees for off-duty use of marijuana.
Again, there are exceptions. Employers may still take adverse action if:
- The employee is working under the influence of marijuana
- Use is prohibited by a collective-bargaining agreement
- The employer is a federal contactor
- Failing to do so would result in loss of a federal contract, licensing or federal funding
For employees who work in a hazardous, dangerous job or one essential to public welfare and safety, employers may also prohibit cannabis use within the 24-hour period before a scheduled shift.
Washington
Washington’s law regarding recreational marijuana prohibits employers from discriminating in hiring due to an applicant’s lawful off-duty use of marijuana or for a positive test for non-psychoactive cannabis metabolites.
This protection only applies at the initial hiring stage. It does not limit an employer’s ability to test employees after a workplace accident or based on suspicion of impairment. There are also exceptions when hiring for certain positions such as those requiring a federal government background check, firefighters, or corrections officers.
As with other states, there are exceptions for federal contracts, employers receiving federal funding or licensing, and safety-sensitive positions.
Employers can still maintain a drug and alcohol-free workplace and require applicants to be tested for a wide variety of controlled substances, including marijuana, so long as the marijuana result is not provided back to the employer.
How many states have legalized recreational marijuana?
Recreational marijuana is legal in 24 states plus the District of Columbia. The list includes:
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nevada
- New Jersey
- New Mexico
- New York
- Ohio
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
Employers with locations in these states should monitor any potential new employment laws or additional guidance.
How many states have legalized medicinal marijuana?
41 states plus the District of Columbia have legalized medical marijuana.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Illinois
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Dakota
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
Conclusion – Marijuana Laws by State: Employee Protections
The number of state marijuana laws that provide employee protections continues to grow.
Employers should remain aware of the nuanced laws regarding hiring and disciplining employees.
For a breakdown on marijuana laws shifting at the federal, state, and local level, visit our recently updated guide, Marijuana Laws by State: What Employers Need to Know.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
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