On Nov. 8, 2022, Missouri voters approved Amendment 3, Marijuana Legalization Initiative, which legalizes recreational marijuana for adults aged 21 and older in the state. The new law goes into effect on Dec. 8, 2022.
Employer Impact
Amendment 3 does not prevent employers from enforcing drug-free workplace policies or disciplining or firing employees for using or being under the influence of marijuana while at work or during working hours.
However, it does amend the state’s existing medical marijuana law to prohibit employers from discriminating against authorized medical marijuana users based on their lawful, off-duty use of medical marijuana.
New Protection for Medical Marijuana Users
Under the new medical marijuana provision, an employer may not take adverse action against an authorized medical marijuana user based solely on the fact that the individual tests positive for marijuana. Instead, adverse actions against an authorized medical marijuana user are allowed only if the employer can present evidence that the individual used or was under the influence of marijuana at work or during working hours. The new law also carves out exceptions for situations in which a conflicting federal rule or safety-related requirement applies.
No Protection for Recreational Marijuana Users
Amendment 3 does not include any employment protections for recreational marijuana users. In general, this means that employers may still take adverse actions based solely on an employee’s positive test for marijuana as long as the employee is not an authorized medical marijuana user.
Important Dates
Nov. 8, 2022
Missouri voted to legalize recreational marijuana for adults aged 21 and older in the state.
Dec. 8, 2022
Amendment 3 goes into effect. Adults may use and possess up to 3 ounces of marijuana in Missouri.
Feb. 6, 2023
Earliest date on which sales of recreational marijuana may begin in the state.
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2022 Zywave, Inc. All rights reserved.
