In 2018, Missouri became one of the 33 states to pass the legal use of medical marijuana. Since then, Missouri has issued 192 licenses to open dispensaries and 60 licenses to grow marijuana. According to the Associated Press, a lab in Maryland Heights, Missouri was recently approved to start testing samples of marijuana. The lab anticipates that medical marijuana will be available to patients by mid-October this year.
The use of medicinal marijuana will create challenges for employers trying to keep a drug-free workplace. Under the Missouri constitutional provision, a person is not permitted to bring a claim against any employer, former employer, or prospective employer for wrongful discharge, discrimination, or any similar cause of action or remedy, based on the employer prohibiting an employee, former employee, or prospective employee from being under the influence of marijuana while at work or disciplining the employee or former employee, up to and including termination from employment, for working or attempting to work while under the influence of marijuana (Mo. Const. Art. 14, § 1).
Because there are no clear tests to determine whether an employee is under the influence during working hours, there are many questions that await to be answered. It will be important for employers to ensure that their drug-free policy is in compliance with state law.
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Justin Ijei and the team at Rasmussen Dickey Moore have extensive experience with employer/employee relationships and regulations. Contact us today to discuss your case.
