November 2022: Missouri Vote to Legalize Recreational Marijuana

17 Nov

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Update Applicable to: 
All employers in the state of Missouri.

What happened?
On November 8, 2022, voters in the state of Missouri approved measures that legalize recreational marijuana for adults ages 21 and older.

What are the details? 
Effective December 8, 2022, recreational marijuana will be legalized recreationally. Employers may be restricted from discriminating against an individual based solely on a positive drug test or the individual’s status as an authorized medical marijuana user. 

Employers may still ban marijuana from their workplaces and prohibit employees from working under the influence of marijuana. However, depending on the applicable state law, employers may not be able to take adverse employment action against employees solely based on a positive drug test

Missouri Recreational Marijuana
The table below provides an overview of Missouri’s Amendment 3, Marijuana Legalization Initiative, which was approved by more than 53% of the state’s voters on Nov. 8, 2022. 

Missouri (Amendment 3)  
SummaryImpact on EmployersImplementation
Allows individuals age 21 and older to possess and use up to 3 ounces of marijuana.Specifies that Missouri employers are not: Required to permit or accommodate marijuana use or possession in any workplace or on the employer’s property; prohibited from taking adverse employment action against an employee or applicant for working while under the influence of marijuana. However, Amendment 3 also amends 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 unless an employer can show that an employee was impaired by marijuana at work. Effective Dec. 8, 2022. The earliest date on which recreational marijuana sales may begin in the state is Feb. 6, 2023. 

For more information, please see the links below:

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and should, become familiar with applicable new marijuana laws, and review their existing drug testing policies and procedures to ensure compliance. Employers may also want to review other applicable laws relating to workplace drug testing, discrimination, and similar employment issues.

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