Navigating Cannabis Employment Laws
February 24, 2025
Navigating Cannabis Employment Laws

As medical and recreational cannabis laws continue to evolve, employers in the Northeast face unique challenges when developing workplace policies. Understanding state-specific regulations is crucial to ensuring compliance while maintaining a safe and productive work environment.


This guide provides an overview of cannabis-related employment laws in key Northeastern states, offering clarity on what employers can and cannot do regarding hiring, discipline, and drug testing. Since state laws change frequently, employers should consult legal professionals and insurance carriers for the most up-to-date guidance.


Key Considerations for Employers

Employers must balance workplace safety with employees’ rights, particularly as state laws differ significantly. While federal regulations such as the Drug-Free Workplace Act and Department of Transportation (DOT) rules still apply, employers should also consider:


  • State disability discrimination laws – Some states require reasonable accommodations for medical cannabis use.
  • Lawful off-duty conduct laws – In certain states, employees cannot be disciplined for legally using cannabis outside of work.
  • Religious accommodations – Employers may need to accommodate cannabis use for religious purposes.
  • Wrongful termination claims – Firing an employee solely for cannabis use may violate public policy in some jurisdictions.
  • State drug testing laws – Some states impose restrictions on when and how employers can test for cannabis.


Employers may maintain drug-free workplace policies but should ensure they comply with state-specific requirements, particularly when disciplining employees or making hiring decisions.


State-Specific Employer Guidance

Below is a breakdown of cannabis-related employment laws in key Northeastern states.


Connecticut

  • With some exceptions, employers:
  • Cannot refuse to hire an applicant for using cannabis outside of work unless they would violate a federal contract or lose federal funding by hiring them.
  • Cannot discipline or discharge employees for using cannabis outside of work unless they have a written policy that is provided to employees prior to its effective date, and to applicants when they are offered a job.
  • Cannot discipline or discharge employees or applicants for testing positive for the main inactive metabolite of cannabis.
  • Can prohibit employees from working under the influence of cannabis.
  • Can discipline and discharge employees if they have a reasonable suspicion that they used cannabis at or during work or on call.
  • Can discipline and discharge employees who show specific, articulable symptoms of impairment while working or on call that negatively affect their job performance.


  • Employers may not discriminate against or discipline an applicant or employee based solely on their status as a medical cannabis patient, except when:
  • It would violate a federal law; or
  • The employer would lose federal funding.
  • Note: A court has held that a federal contractor’s required compliance with the Drug-Free Workplace Act did not qualify for either exception.


  • A court has held that a registered patient’s protected status includes using medical cannabis off duty.
  • Employers cannot prohibit employees who are qualifying palliative medical cannabis patients from possessing cannabis at work.
  • The medical cannabis law states that employers may prohibit employees from using cannabis during work and from working under the influence of cannabis.


Delaware

  • Employers may not discriminate against or discipline an applicant or employee based solely on their status as a medical cannabis patient.
  • Employers may not discipline or discharge applicants or employees based on a positive drug test unless they use, have, or are impaired by cannabis at work or during work.
  • The recreational cannabis law states that it doesn’t restrict employer rights with respect to setting and enforcing terms and conditions of employment (for example, accommodations, policies, or discipline) and that employers can prohibit the possession, use, and distribution of cannabis on their property.
  • Exceptions to employment protections under the medical cannabis law exist when the employer would:
  • Lose federal money; or
  • Lose a federal license.


District of Columbia

  • Employers may have drug policies prohibiting cannabis.
  • The recreational cannabis law states that employers are not required to accommodate cannabis use at work.
  • Protections have passed for medical cannabis use, but the effective date is still pending.
  • Employers may not test applicants for cannabis until after extending a conditional offer of employment, unless otherwise required by law.


Maine

  • Employers may prohibit employees from using recreational marijuana at or during work.
  • Employers may discipline employees for working under the influence of recreational marijuana.
  • The law previously specifically prohibited employers from disciplining employees for off-duty use, which the Maine Department of Labor interpreted to mean that employers cannot discipline an employee or disqualify an applicant based solely on a positive marijuana test.
  • Employers may not discriminate against or discipline an applicant or employee based solely on their status as a medical cannabis patient, except when the employer:
  • Would lose federal money; or
  • Would lose a federal license.
  • The medical cannabis law states that it does not require employers to allow employees to use cannabis at work or to work while under the influence of cannabis.


Maryland

  • The medical cannabis law does not address employers’ or employees’ rights or obligations specifically. However, the law states that medical cannabis patients cannot be penalized, disciplined, or denied any right or privilege for using or possessing medical cannabis in compliance with the law.
  • The recreational cannabis law does not address employers’ or employees’ rights or obligations.


Massachusetts

  • The recreational cannabis law states that it does not prevent employers from enforcing their drug policies restricting employees’ consumption of cannabis.
  • The cannabis laws state that employers are not required to accommodate medical or recreational use at work.
  • Employers are required to engage in the interactive process under state disability discrimination law regarding potential accommodations for off-duty medical use.


New Hampshire

  • The medical cannabis law states that it allows employers to prohibit employees from using cannabis at work or during work, and from working under the influence of cannabis.
  • Using medical cannabis off duty can be a reasonable accommodation under the state’s disability discrimination law.


New Jersey

  • Employers are prohibited from:
  • Requesting criminal cannabis history;
  • Making employment decisions based solely on an applicant’s or employee’s criminal cannabis history;
  • Discriminating against an employee or applicant because they use cannabis outside of work; or
  • Disciplining an employee solely for testing positive for THC.
  • Drug testing for cannabis/THC must include a physical evaluation to determine if the employee is currently impaired. The physical evaluation must be done by someone with a Workplace Requirement Recognition Expert (WIRE) certification.
  • Employers may not discriminate against an applicant or employee based solely on their status as a medical cannabis cardholder.
  • If an applicant or employee tests positive for THC, the employer must provide them with written notice of their right to present a legitimate medical explanation for the positive test result or request a retest of the original sample at the applicant’s or employee’s own expense. The applicant or employee then has three working days to provide their healthcare practitioner’s authorization for medical cannabis or a registry identification card.
  • Exceptions to these employment protections for medical cannabis are:
  • If the employee uses or has cannabis during work;
  • If the employer would violate federal law; or
  • If the employer would lose a federal license, a federal contract, or federal funding.
  • The medical cannabis law states that it allows employers to prohibit employees from using cannabis at or during work.
  • Employees can sue employers under the state disability discrimination law for failing to accommodate off-duty medical cannabis use.


New York

  • Employers may not discriminate against or discipline an applicant or employee based on their lawful off-duty consumption or use of cannabis off the employer’s premises.
  • Exceptions to these employment protections exist where:
  • The employer’s action is required by federal or state law or federal or state governmental mandate;
  • The employee is impaired by cannabis during work (see below); or
  • The employer would violate a federal law or lose federal funding or a federal contract.
  • An employee is impaired by cannabis at work if they have “specific articulable symptoms” that either negatively affect their job performance or interfere with the employer’s ability to provide a safe workplace.
  • The medical cannabis law states that it allows employers to prohibit on-duty impairment.
  • State disability discrimination protections apply to certified medical cannabis patients.
  • Exceptions to the medical cannabis employment protections exist when the employer would:
  • Violate federal law;
  • Lose a federal contract; or
  • Lose federal funding.


Pennsylvania

  • The medical cannabis law prohibits employers from discharging, threatening, refusing to hire, or otherwise discriminating or retaliating against an employee solely based on their status as a medical cannabis patient.
  • The medical cannabis law states that it does not:
  • Require employers to allow employees to use medical cannabis at work.
  • Prohibit employers from disciplining an employee for being under the influence of medical cannabis at or during work when the employee’s conduct falls below the standard of care normally accepted for that position.
  • Require employers to violate federal law.
  • The medical cannabis law states that it allows employers to prohibit employees from performing any duty that could result in a public health or safety risk while under the influence of cannabis.


Rhode Island

  • Employers may not discriminate against or discipline an applicant or employee based solely on their status as a medical cannabis cardholder, with the following exceptions:
  • The employee uses or has cannabis at work;
  • The employee is under the influence of cannabis at work;
  • The employee works under the influence of cannabis when doing so would be considered negligence or professional malpractice, or would jeopardize workplace safety;
  • The employee operates or physically controls a motor vehicle, equipment, or firearms while under the influence of cannabis;
  • The employee violates terms of a collective bargaining agreement;
  • The employer would lose federal funding; or
  • The employer would lose a federal licensing-related benefit.
  • The medical cannabis law states that it does not require employers to accommodate employees using medical cannabis at work.
  • Employers are prohibited from disciplining or discharging an employee for lawfully using cannabis off duty unless one of the following exceptions applies:
  • The employee works while under the influence of cannabis;
  • The employee is subject to a collective bargaining agreement that prohibits lawful, off-duty cannabis use;
  • The employer is a federal contractor and failing to discipline or fire the employee would cause the employer to lose a monetary or licensing-related benefit;
  • The employer is subject to a federal law or regulation, and failing to discipline or fire the employee would cause the employer to lose a monetary or licensing-related benefit; or
  • The employee’s job is hazardous, dangerous, or essential to public welfare or safety and the employer’s policy prohibits them from using cannabis for 24 hours before their scheduled shift (e.g., first responders, jobs that involve operating heavy equipment or machinery or commercial vehicles).


Vermont

  • The recreational cannabis law states that it does not:
  • Require an employer to allow employees to use or have cannabis at work;
  • Prevent an employer from having a policy that prohibits the use of cannabis at work;
  • Create a reason an employee can sue an employer; or
  • Prevent an employer from prohibiting or regulating cannabis at work.
  • The medical cannabis law does not address employers’ rights or obligations.


Navigating cannabis laws can be complex, but staying informed about your state's regulations is crucial. Employers in the should continually review their policies and seek legal counsel to ensure compliance, reduce liability, and maintain a safe work environment for all employees.


If you have any questions, contact us! Simco is here to support your business.

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February 10, 2026
Today, February 10, 2026, marks Safer Internet Day, a global initiative focused on creating a safer, more responsible digital world. The event is coordinated in the United States by ConnectSafely and is recognized in more than 100 countries worldwide. This year’s theme, “Smart tech, safe choices: Exploring the safe and responsible use of AI,” could not be more timely. While much of the conversation centers on children and young people, employers have an equally important role to play. Artificial intelligence is already embedded in the workplace, whether through productivity tools, hiring platforms, data analysis, customer interactions, or everyday decision-making. The question for employers is no longer whether AI is being used, but how responsibly and thoughtfully it is being integrated into work environments. Why Safer Internet Day Matters in the Workplace AI and smart technology do not just affect personal browsing habits. They influence how employees communicate, create content, analyze information, and make decisions. Without clear guidance, organizations can face real risks, including data privacy concerns, compliance issues, reputational damage, and erosion of trust. Safer Internet Day serves as a reminder that responsible technology use is not just an IT issue. It is a people, policy, and culture issue, and employers play a critical role in setting expectations. Smart Tech Requires Clear Choices at Work The theme “smart tech, safe choices” translates directly to the workplace. Employees are navigating tools that can generate content, summarize data, automate tasks, and make recommendations, sometimes without fully understanding limitations, bias, or data exposure risks. For employers, this raises important questions: Are employees clear on when and how AI tools can be used at work? Do existing policies address data security, confidentiality, and accuracy when using AI? Are managers equipped to guide teams responsibly, not just efficiently? Responsible AI use starts with clarity. When expectations are clear, employees are better positioned to make good choices without fear or confusion. Key Areas Employers Should Be Thinking About Safer Internet Day 2026 highlights several focus areas that directly apply to business environments. Generative AI AI tools can boost productivity, but they can also introduce risk if employees unknowingly share sensitive data or rely on outputs without validation. Employers should provide guidance on acceptable use, data boundaries, and accountability. Media Literacy and Critical Thinking AI-generated content can blur the line between fact and fiction. Encouraging critical thinking helps employees evaluate information, verify sources, and avoid spreading misinformation internally or externally. Civility and Workplace Culture Digital tools shape how people communicate. Employers set the tone for respectful, professional online interactions, whether through email, chat platforms, or AI-assisted communication. Wellness, Identity, and Self-Respect Always-on technology and AI-driven performance pressure can contribute to burnout or insecurity. Employers who acknowledge these realities and promote healthy boundaries help support long-term employee well-being. Scams, Fraud, and Social Engineering AI has made scams more sophisticated. Training employees to recognize phishing, deepfakes, and impersonation attempts is now a critical part of risk management. What Employers Can Do, Starting Now You do not need a perfect AI strategy to make progress. Even small, intentional steps can help create a safer, smarter digital workplace. Review existing policies to see where AI and smart technology use should be addressed or clarified. Communicate clear expectations around data protection, confidentiality, and responsible use. Equip managers to have informed conversations with their teams about AI tools. Encourage questions and transparency rather than silent experimentation. Treat responsible technology use as an ongoing conversation, not a one-time rollout. These actions signal to employees that technology is meant to support their work, not create risk or uncertainty. A Shared Responsibility for a Better Internet and a Better Workplace Safer Internet Day’s broader message, “Together for a Better Internet,” applies just as much inside organizations as it does online. Employers, leaders, and employees all share responsibility for how technology is used and how its impact is managed. When organizations approach AI with intention, clarity, and care, they create workplaces that are not only more productive, but also more secure, ethical, and human. At Simco, we work with employers to navigate the evolving intersection of technology, people, policy, and risk. If you are thinking about how AI and smart technology fit into your workplace and how to guide employees responsibly, we are here to help .
January 23, 2026
Severe weather can disrupt business operations faster than almost anything else. From winter storms and flooding to extreme heat, wildfires, and hurricanes, these events don’t just impact buildings and schedules; they impact people, payroll, compliance, and decision-making in real time. For employers, the question isn’t if severe weather will affect your workforce, but whether you’re prepared when it does. Organizations that plan ahead are better positioned to protect employees, maintain trust, and avoid costly missteps when conditions change quickly. Preparation Starts Before the Weather Hits When severe weather develops, decisions often need to be made quickly. Power outages, road closures, and evacuation orders can disrupt normal operations with little warning. The best way to navigate these moments is to lay the groundwork ahead of time, so you’re not starting from scratch when conditions change. Start by taking a proactive approach: Identify the types of severe weather most likely to affect your workforce based on geography and job roles Outline clear safety and response plans so employees know what to do and who to contact Communicate expectations in advance, including how closures, remote work, and updates will be handled Preparation isn’t about anticipating every possible outcome. It’s about giving your organization a reliable framework to make decisions calmly, communicate clearly, and adapt as circumstances evolve. Understanding Your Responsibility as an Employer As an employer, you are responsible for providing a work environment that keeps people safe, even when conditions outside your control create added risk. Workplace safety laws, including OSHA’s General Duty Clause, require you to address recognized hazards that could lead to serious harm, and severe weather can quickly introduce or intensify those hazards. Beyond OSHA, additional state and local regulations, industry-specific standards, and insurance requirements may come into play depending on where and how your employees work. Taking time to understand how these obligations align with your policies, procedures, and day-to-day operations helps you respond more confidently when weather conditions threaten employee safety. Assessing Risk Across Your Workforce No two workforces face the same risks. A meaningful severe weather plan starts with understanding how geography, job duties, and work environments affect exposure. Key questions to consider include: What types of severe weather are most common where employees live and work? Which roles are essential during disruptions, and which can be performed remotely? How could weather events impact commuting, utilities, or workplace safety? Once you have a clearer picture of these risks, document practical safety measures, outline contingency plans, and clearly identify points of contact. When employees know who to reach out to and what steps to follow, they can respond more confidently and safely as conditions change. Communication When It Matters Most Power outages, spotty internet, and overwhelmed phone networks can make it difficult to reach employees at the exact moment guidance is needed. Thinking through communication ahead of time, even at a high level, can make a meaningful difference when conditions change quickly. Start by deciding how you will share updates if your usual tools are unavailable. This might mean designating an alternate way to send messages, choosing a single place where updates will be posted, or clarifying who is responsible for communicating next steps. Even a simple, centralized approach can help employees know where to look for information and what to expect if they don’t hear from you immediately. Clear direction, shared as early as possible, reduces uncertainty and helps employees make safe decisions without guessing. When people understand how and when updates will be provided, they’re better equipped to respond calmly, even if communication is delayed or limited. Attendance, No-Shows, and Real-Life Constraints Severe weather can prevent employees from reporting to work for reasons beyond their control, including unsafe travel conditions, school closures, or power outages. While attendance policies play an important role in normal operations, emergencies often require a more flexible approach. How these situations are handled can shape employee trust long after the weather clears. Allowing for management discretion during severe weather events gives leaders the ability to respond thoughtfully to individual circumstances. Taking time to understand what employees are dealing with, communicating expectations clearly, and offering reasonable alternatives when possible can go a long way. Flexibility during these moments not only supports safety, but also reinforces engagement, loyalty, and confidence in leadership. When Employees Don’t Feel Safe Traveling Even when your workplace remains open, some employees may not feel safe commuting. Encourage open, honest conversations so concerns can be addressed early, and be prepared to offer practical alternatives such as temporary remote work, adjusted schedules, or time off when appropriate. It’s also helpful to understand what support may already be available through your business insurance coverage, as some policies include provisions for lodging, travel, or temporary relocation for employees in critical roles. Reviewing these options with your insurance advisor ahead of time can provide clarity and help you make timely, confident decisions when severe weather impacts operations. Closures and Pay Weather-related closures raise important wage and hour questions. Nonexempt employees generally must be paid only for hours worked, though employers may choose to pay or require PTO use based on policy. Exempt employees are typically entitled to their full salary for any week in which they perform work, even if the business closes for part of the week. Clear policies and consistent application are essential to avoiding payroll and compliance issues. Leave Protections and Legal Considerations Severe weather may trigger eligibility for various job-protected leaves, including: Family and Medical Leave Act (FMLA) Military or National Guard service Disability accommodations State-specific emergency leave laws Be prepared to recognize when these protections apply and provide required notices in a timely manner. Workplace Injuries During Severe Weather If an employee is injured while working during severe weather, immediate medical care should always be the top priority. Once the situation is stabilized and the employee is safe, ensure the injury is reported properly in line with workers’ compensation requirements and, where applicable, OSHA recordkeeping rules. After the initial response and reporting are complete, take time to review what happened. Looking closely at the circumstances and identifying any corrective steps, whether that involves adjusting procedures, equipment, or scheduling, can help you reduce the risk of similar incidents in the future and reinforce a safer work environment overall. Extended Disruptions: Layoffs, Furloughs, and Alternatives When severe weather leads to prolonged disruptions, you may need to evaluate options such as temporary layoffs, furloughs, or reduced schedules. Each of these paths comes with important considerations, including how pay, benefits, unemployment eligibility, and employee morale may be affected. Taking the time to document your decisions, apply them consistently, and communicate clearly with employees can help reduce confusion and protect both your workforce and your organization during an already challenging time. Flexible Scheduling as a Safety Tool Alternative schedules can help protect employees when conditions are unsafe at certain times of day. Adjusted start times, split shifts, or temporary remote work arrangements can reduce risk while maintaining operations. Flexibility is often one of the most effective tools you have as an employer during severe weather events. Supporting Employees Beyond the Workplace Severe weather affects employees at home as well. Consider offering: Emergency supplies or safety resources Temporary lodging or travel assistance Crisis-related financial support Mental health support is also critical. Access to employee assistance programs, wellness benefits, and time off can help employees manage stress during and after a disaster. Staying Alert as Conditions Evolve Government responses to severe weather can shift quickly and may include emergency declarations, executive orders, or new employment requirements. Staying aware of changes in the jurisdictions where your employees work helps you adjust policies and practices as needed. After the immediate disruption, encouraging volunteer or community support efforts can also help reinforce a culture of care and resilience. So, Is Your Workforce Ready? Severe weather may be unpredictable, but your response to it doesn’t have to feel like a scramble. When you take time to plan ahead, communicate clearly, and lead with flexibility, you give your organization a steadier footing to protect your workforce and keep operations moving when disruptions occur. At Simco, we help employers align HR, payroll, benefits, compliance, and commercial insurance so they’re ready when the unexpected happens. If you’re unsure whether your current policies or systems are prepared for severe weather, our team is here to help. Click here to get in touch.
January 7, 2026
At Simco Insurance & Wealth Management, 2025 was a year defined by refinement. Rather than chasing growth for growth’s sake, our focus was on designing better systems, improving the rhythm of our work, and removing friction from the moments that matter most to our clients. Every adjustment was made with one priority in mind: creating an experience that feels organized, responsive, and genuinely supportive for the individuals and families we serve. This recap highlights the operational progress and strategic shifts that shaped our year. For our clients, these efforts show up as clearer communication, smoother appointments, and more confident guidance. For those getting to know Simco Insurance & Wealth Management for the first time, it offers a look at how we’re intentionally preparing our team, tools, and processes to meet rising expectations with care and consistency. Designing Retention With Intention One of the most meaningful accomplishments this year was the development of an automated retention process focused on high-impact client touchpoints. By taking a closer look at recurring needs and communication patterns, the team built a system that strengthens relationships while reducing dependence on manual follow-up. This structure helps ensure consistency and follow-through, even during our busiest periods. As a result, we’re able to stay more connected, responsive, and proactive, reinforcing trust and delivering a more reliable client experience. A More Strategic Approach to AEP Planning Preparation for the Annual Enrollment Period (AEP) 2026 began earlier and more strategically than ever before. In September, the team launched a strategic early booking initiative, starting one full month ahead of the industry norm. The goal was twofold: maximize retention of existing clients while preserving capacity to support new business. The outcome exceeded expectations. More than 75% of existing clients were booked before AEP officially began , creating breathing room, reducing pressure, and allowing agents to focus fully on each client interaction. Just as importantly, this initiative produced a measurable, repeatable system that can be refined and reused for future AEP cycles. Visibility That Drives Accountability To support better planning and performance, the team developed a Book of Business Tracker that provides real-time visibility into client retention and new enrollments. This tool created clearer accountability for agent performance while also improving forecasting and decision-making throughout AEP. With better data came better conversations, better pacing, and more confident leadership. Communication and Automation That Protect Relationships Clear, timely communication is essential during periods of change. In 2025, the team produced and automated targeted emails for clients losing their plans, ensuring they were informed early and guided through next steps. These systems helped protect client relationships, reduce uncertainty, and reinforce Simco’s reputation for calm, proactive service, even in complex or time-sensitive situations. Reimagining the Client Appointment Experience Much of the year’s progress focused on improving the flow and efficiency of daily client interactions. The scheduling process was redesigned to eliminate bottlenecks, overlapping appointments, and unnecessary delays. The result was a smoother daily rhythm, shorter wait times, and a noticeably calmer office environment. Additional improvements included: Creating cubicle-based laptops to help clients complete CareValue forms efficiently Developing confirmation emails with embedded surveys so clients can submit doctors and medications in advance Tracking visits versus enrollments to ensure clients move fully through the process Together, these enhancements cut average appointment time by 50% , effectively doubling agent capacity while preserving quality and care. Strengthening Data Accuracy and Operational Support Behind the scenes, the team focused on maintaining clean, reliable data by entering missing client information and policy details on behalf of agents when needed. Repetitive processes were streamlined through automation and shared resources, reducing friction and freeing agents to focus on client relationships rather than administrative tasks. Every workflow was designed with scalability in mind: systems that can be replicated, measured, and improved year after year. Working on the Business, Not Just in It Throughout 2025, the Simco Insurance & Wealth Management team embraced the Traction principle of working on the business, not just in it. Continuous improvement, team empowerment, and thoughtful system design guided every decision. Each change reinforced Simco’s Core Values and Vision, ensuring that every client touchpoint reflects consistency, clarity, and care. Our Path Forward Into 2026 The work completed this year has created a stronger foundation for what’s next. With smarter systems, clearer data, and a more intentional client experience, we are positioned to serve individuals and families with even greater confidence in 2026 and beyond at Simco I&WM. Thank you to our clients for your trust, and to our team for the dedication and care that made this progress possible. We’re so proud of what we’ve built, and even more excited about where we’re headed! This year-in-review report was developed by Shena Edington-Bright, Team Lead at Simco Insurance & Wealth Management.

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