Alaska legalized marijuana for recreational use in 2014. Today, the cannabis industry is one of the most competitive in the state.
That said, it would not be a surprise if some of your employees use marijuana, either for medical or recreational purposes. But, as an employer, should you be concerned about it?
Why employees’ marijuana use may be concerning
Legally speaking, what employees do outside of work is none of your business. However, even if someone uses the drug off-hours, it can stay in their system for hours or even days. Moreover, the effects can persist for two to six hours or more.
Marijuana’s effects can be a major concern for employers. This is because marijuana can:
- Reduce attention span and concentration
- Impair memory and recall
- Slow down responses to stimuli
- Decrease physical dexterity and precision
- Distort sense of time and space
These effects can increase the risk of workplace accidents, especially for employees working with heavy objects, machinery or dangerous appliances like ovens or deep fryers.
Furthermore, customer service can take a hit when employees work while high. For example, slowed response times can wear down customers’ patience.
Can you enforce a drug-free workplace?
Despite marijuana being legal in the state, employers have the right to enforce drug-free policies. One must-have policy is to ban any marijuana or other illicit drugs during work hours.
But what about off-hours? As mentioned, marijuana’s residual effects can last for hours or days, bleeding into working hours. It would not be fair to ban cannabis entirely. Instead, you can enforce a rule banning its use a few hours before work.
Such a policy would be similar to prohibiting alcohol use. Employees are expected to not show up to work while intoxicated, and the same should apply if they are cannabis users.
Can you perform random drug tests?
According to Alaska law, it is legal to conduct random drug tests on your employees as long as:
- Every employee has an equal chance to be tested
- Your company policy specifies drug testing
To remain compliant, you must provide employees with a written drug testing policy at least 30 days before conducting testing.
How can you ensure your policies are legally sound?
Workplace policies regarding marijuana should be impartial and noninvasive. Although you have the right to create a drug-free workplace, you must remain legally compliant. That said, consider working with an employment law attorney who can help you craft fair, effective and legal policies.