Presently, in Georgia, an employee can face termination for violating a zero-tolerance policy by using marijuana, whether on or off-duty. Nonetheless, as the popularity of medical and recreational marijuana continues to rise, it’s foreseeable that this legislation will face challenges, much like it has in other states.
Across the nation, there’s a divide on this issue. Some state supreme courts champion employee rights, as seen in states like Rhode Island and Massachusetts, while others lean towards employer prerogatives, as observed in California and Washington.
Marijuana retains its Schedule 1 controlled substance status, rendering it federally illegal. However, the swift proliferation of medical and recreational marijuana laws nationwide suggests that it might only be a matter of time before legislation aligns with the protection of employer-employee dynamics.