Can I use cannabis after work? In CT, it depends what your job is
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Possession and use of cannabis for recreational purposes became legal in Connecticut on July 1, 2021, but how that affects employers and employees is still evolving, according to Betsy Ingraham.
“The standard is going to be whether the employer has a specific policy against the out-of-work use of marijuana,” said Ingraham, an attorney practicing labor law at the New Haven-based law firm of Garrison, Levin-Epstein, Fitzgerald & Pirrotti. “If they have a specific policy about an employee not using marijuana off the job, they can lawfully discipline or terminate an employee if an employee in fact partakes off the work site even though it’s legal.”
But even without a written policy regarding the use of cannabis out of work, some employees are barred from smoking or ingesting marijuana.
There are, according to state Department of Labor guidance on the subject, several industries in which employees are not allowed to use cannabis — exemptions defined in the state law that made cannabis legal for recreational use.
Those industries include mining, utilities, some manufacturers, some construction, educational services, transportation services, justice and safety-related activities, according to DOL.
“These employers are unaffected by the Cannabis law and may treat on and off-duty employees in the exact same manner as they did prior to the passage of this legislation,” the DOL’s guidance says.
People employed as firefighters, police officers, emergency medical technicians, Correction Department employees with direct contact with inmates or supervisors or employees who care for children, are also exempt from the recreational cannabis legalization law.
Cannabis is legal in many states, including Connecticut, but federal law still classifies cannabis as an illegal drug, so employers with federal contracts or federal funding are exempt from state law.
State law allows the possession of 1.5 ounces of cannabis on your person and 5 ounces of cannabis in a locked container, or in a locked motor vehicle glove box or trunk. If an employee is not employed in an industry or a role that is exempt from cannabis laws, they may not be disciplined for possession of marijuana.
An employer may, however, prohibit an employee’s possession of cannabis in a motor vehicle parked on the premises, if that policy is written. An employer may also prohibit the use of cannabis, and the use of any intoxicating substances during work hours.
“I think employees need to know whether their employer has a specific policy on marijuana use outside work. That’s the first thing that an employee needs to know,” Ingraham said. “If their employer has such a written policy, then they need to be aware of that before making the decision whether to partake of recreational marijuana because if they are violating a specific written policy of their employer, they could still be disciplined or terminated.”
There is no clinical test available for marijuana, so the law stipulates that, “The employer must have a reasonable suspicion, based on the totality of the circumstances, that the observed employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee’s job performance,” according to the DOL guidance.
Prospective employees who use cannabis as a medication, may not be asked about their use during a job interview and may not be denied employment based solely on their use of cannabis. The exception is for positions affecting public safety, including police, firefighters and airline pilots, according to the DOL.
Employers may ask job seekers about their use of recreational cannabis, but cannot refuse to hire a prospective employee who used cannabis outside the workplace prior to being hired unless it violates a standing written policy or would put that employer in danger of losing a federal contract or funding.
If an employee or prospective employee believes that their rights under the state’s cannabis law have been violated, they may file a civil action in court within 90 days of the alleged violation.
But, Ingraham said, if the use of cannabis violates a written company policy, there is no appeals process.
“If they had a collective bargaining agreement or a union contract that provided for an appeals process or a grievance process, then obviously they could use that process,” she said. “But aside from that, if you violate a policy of your employer, and there’s no other there’s no other illegal reason for terminating you, then they certainly have the right to do that.”
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