Update Applicable to:
All employers in the state of Rhode Island.
On May 25, 2022, Governor McKee signed Senate Bill 2430 (SB 2430) into law, which legalizes recreational marijuana and protects off-duty use.
What are the details?
Effective immediately, employers are permitted to refuse to hire, terminate, discipline, or take other employment action based on an individual’s violation of a workplace drug policy or because the individual was working while under the influence of cannabis. However, employers are prohibited from terminating or taking disciplinary action against an employee “solely for an employee’s private, lawful use of cannabis outside the workplace and so long as the employee has not and is not working under the influence of cannabis.”
There are exceptions if off-duty use is prohibited by the terms of a collective bargaining agreement or if the employer is a federal contractor or otherwise subject to federal law or regulation such that the failure to terminate or discipline the employee would cause the employer to lose a monetary or licensing benefit under the law or regulation.
In addition, if an employee works in a job, occupation, or profession that is “hazardous, dangerous or essential to public welfare and safety,” an employer may adopt and implement policies that prohibit the use or consumption of cannabis within the 24-hour period prior to a scheduled work shift or assignment.
Examples of work that falls under this exception include:
- Operation of an aircraft
- Heavy equipment
- Heavy machinery
- Commercial vehicles
- School buses or public transportation
- Use of explosives
- Public safety, first responder jobs
- Emergency and surgical medical personnel
Drivers of commercial motor vehicles who are subject to the U.S. Department of Transportation’s drug and alcohol testing regulations never may use marijuana and will be disqualified from driving if they test positive for marijuana.
The law also provides for automatic expungement of certain civil and criminal convictions related to the possession of marijuana. All eligible records will be expunged by July 1, 2024. Employers may not require an employee to disclose a sealed or expunged offense unless otherwise required by law.
For more information, please see the links below:
What do employers need to do?
Employers should review the links provided above and ensure their drug testing policies and procedures are in compliance with the law.
Need help understanding how changes to employment laws will affect your business?
Learn more about how Vensure's Rhode Island PEO services can help you navigate complex employment laws and keep your business compliant.
This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.