Employer Drug-Testing Rules Clipped by Rhode Island Marijuana Legalization

​On May 25, Rhode Island Governor Daniel McKee signed a bill into law to legalize recreational cannabis. As a result, Rhode Island has joined a small but growing minority of states that extend employment protections to employees who use marijuana during non-working hours. With certain exceptions, an employer’s ability to take adverse action as a result of an applicant’s or employee’s positive drug screen for cannabis is likely significantly limited absent evidence of current impairment at the time of the test.

Although employers are still expressly permitted to implement drug-use policies that prohibit employees from being under the influence of cannabis in the workplace, including medical cannabis, several of the law’s key provisions raise more questions than they answer regarding how such policies can be implemented effectively. Click here to learn more.