Effective February 1, 2018

Employers Cannot Take Adverse Actions Against Applicants Or Employees For Marijuana Usage

The state of Maine recently passed The Marijuana Legalization Act. It went into effect on February 1, 2018. This law decrees that employers may not take adverse actions against applicants or employees "solely" for testing positive for marijuana use.

Employers in Maine should be aware that:
  • They cannot deny employment to an individual solely because the person uses marijuana.
  • Nothing in the new law prohibits employers from forbidding employees from bringing marijuana to the workplace or consuming marijuana or marijuana products while on the job.
  • Before screening workers for marijuana usage, an employer must first obtain a state-approved drug testing policy.
  • The new law is a state-based policy. Federal laws regarding marijuana are still in place.
  • Employees that are covered federal guidelines, such as federal contractors and individuals in safety-sensitive positions must continue to comply with federal laws covering marijuana usage.
This new law makes Maine the first state to implement protections for individuals who use marijuana outside of the workplace.
Backgrounds Online provides details about State Laws for informational purposes only. We do not provide legal services. Nothing on these pages or our site should be considered as legal advice or opinion.