An Act To Clarify the Disqualification from Unemployment Benefits of a Person Who Is Terminated from Employment for Being Under the Influence of Marijuana
Maine Legislature, Session 129, LD 1013
Committee: Labor and Housing
Sponsors: CYRWAY, BRADSTREET, DAVIS, DOW, FOLEY, HAMPER, RILEY, STANLEY, STEARNS, WADSWORTH
Amends: 26 MRSA §1043

Legislative Document
No. 1013
S.P. 292
In Senate, February 26, 2019
An Act To Clarify the Disqualification from Unemployment Benefits 
of a Person Who Is Terminated from Employment for Being Under 
the Influence of Marijuana
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative BRADSTREET of Vassalboro and
Senators: DAVIS of Piscataquis, DOW of Lincoln, FOLEY of York, HAMPER of Oxford, 
Representatives: RILEY of Jay, STANLEY of Medway, STEARNS of Guilford, 
WADSWORTH of Hiram.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1043, sub-§23, ¶A, as enacted by PL 1999, c. 464, §2, is 
amended to read:
A.    The following acts or omissions are presumed to manifest a disregard for a 
material interest of the employer.  If a culpable breach or a pattern of irresponsible 
behavior is shown, these actions or omissions constitute "misconduct" as defined in 
this subsection.  This does not preclude other acts or omissions from being 
considered to manifest a disregard for a material interest of the employer.  The acts or 
omissions included in the presumption are the following:
 (1)  Refusal, knowing failure or recurring neglect to perform reasonable and 
proper duties assigned by the employer;
 (2)  Unreasonable violation of rules that are reasonably imposed and 
communicated and equitably enforced;
 (3)  Unreasonable violation of rules that should be inferred to exist from 
common knowledge or from the nature of the employment;
 (4)  Failure to exercise due care for punctuality or attendance after warnings;
 (5)  Providing false information on material issues relating to the employee's 
eligibility to do the work or false information or dishonesty that may substantially 
jeopardize a material interest of the employer;
 (6)  Intoxication while on duty or when reporting to work or unauthorized use of 
alcohol while on duty;
 (7)  Using illegal drugs or being under the influence of such drugs or marijuana 
while on duty or when reporting to work;
 (8)  Unauthorized sleeping while on duty;
 (9)  Insubordination or refusal without good cause to follow reasonable and 
proper instructions from the employer;
 (10)  Abusive or assaultive behavior while on duty, except as necessary for self-
defense;
 (11)  Destruction or theft of things valuable to the employer or another 
employee;
 (12)  Substantially endangering the safety of the employee, coworkers, 
customers or members of the public while on duty;
 (13)  Conviction of a crime in connection with the employment or a crime that 
reflects adversely on the employee's qualifications to perform the work; or
 (14)  Absence for more than 2 work days due to incarceration for conviction of a 
crime.
SUMMARY
This bill clarifies that an individual whose employment is terminated because of the 
individual's being under the influence of marijuana while on duty or when reporting to 
work is disqualified from unemployment benefits, as is currently the case for alcohol and 
illegal drugs.