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.