There are currently no restrictions under the law that limit an employer’s ability to drug test for Marijuana. Additionally, employers in all 50 states do not have to accommodate any employee who is working “under the influence” or using marijuana while on-duty. However, there are some states that require an employer to accommodate off-duty use of marijuana. The following is a comprehensive list of the states with explicit employee protections, states with no employee protections, states likely providing no employee protections, and states with unclear protections. States with explicit employee protections The following eleven states have statutes with explicit language either through anti-discrimination or reasonable accommodation provisions, providing varying levels of employment protection. These laws generally state that an employer cannot fire an employee based on the employee’s status as a medical marijuana cardholder or participation in a marijuana program. However, some states, such as Arizona, Delaware, and Minnesota, explicitly address drug testing and state that a positive drug test alone cannot automatically be a reason to refuse to hire someone or to fire someone. Maine goes one step further and requires employers to stop drug testing job applicants for marijuana use and also prevents employers from firing workers 21 years or older for the use of marijuana outside of the workplace. Arizona Arkansas Connecticut Delaware Illinois Maine Minnesota Nevada New York Pennsylvania Rhode Island States with no employee protections The following seven states, either the medical marijuana statute explicitly provides no protections or the statute is silent, and the state has case law that has found no employee protection for off-duty use of marijuana. An example is Ohio’s medical marijuana law, enacted in 2016, which explicitly provides that employers have the right to establish and enforce zero-tolerance drug testing policies. However, California is now pending legislation that will stop employers from discriminating against employees who are medical marijuana patients. California Colorado Michigan Montana Ohio Oregon Washington States likely providing no employee protections The following seven states and the District of Columbia have state marijuana laws that are silent regarding an employee’s protections and generally only provide criminal protections. Alaska Hawaii Maryland Massachusetts New Hampshire New Mexico Vermont Washington, D.C. States with unclear employee protections The following four states have marijuana laws that are either silent or vague regarding employee protections, and their state regulatory agencies have not provided guidance on employee protections. Florida Louisiana New Jersey North Dakota Due to the rapidly changing nature of this area of law, and the differences between states, it is best to seek advice from an attorney in your area if you have questions or concerns.