Taking Care of HR Business
        A blog from the attorneys of Verrill

        Eleven Pipers Piping… and the Blunt Truth About Cannabis in the Workplace

        by Hannah B. Owings Saturley on December 22, 2025

        “On the eleventh day of HR’s favorite season, my lawyers said to me… eleven pipers piping (and eleven questions about marijuana at work).”

        With recreational and medical marijuana now legal in many states, employers face a haze of compliance obligations and practical challenges. Even where use is lawful off-duty, workplace rules, safety obligations, and drug-testing programs still apply—but the boundaries vary significantly by jurisdiction.

        Today’s post walks through the top questions employers have about cannabis in the workplace, and how we answer them.

        Eleven Questions About Marijuana at Work:

        1. Can we discipline employees for off-duty marijuana use?

        It depends on your state. Some protect lawful off-duty conduct; others permit employer restrictions. Start with state law before taking action.

        1. Do we have to accommodate medical marijuana?

        Many states require some level of reasonable accommodation for medical marijuana cardholders — unless safety rules or federal law prevent it.

        1. What about our safety-sensitive jobs?

        For DOT-regulated positions or other safety-critical roles, federal law still prohibits marijuana use — regardless of state legalization.

        1. We want to ban on-duty use. Is that allowed?

        Yes. Employers generally can prohibit impairment, possession, or use during work hours, including remote work.

        1. Can we still test for marijuana?

        Usually, but results don’t prove impairment, and several states restrict pre-employment or random cannabis testing. Review your jurisdiction’s rules closely. Unlike alcohol, THC can remain in the body long after impairment.

        1. What’s our plan for post-accident testing?

        Make sure you’re not violating OSHA’s anti-retaliation rules. OSHA’s anti-retaliation regulations don’t prohibit post-accident testing, but they do require that any testing be tied to a legitimate safety or investigative purpose. That means your criteria should be objective, documented, and applied consistently—not automatically.

        1. What should supervisors do if they suspect impairment?

        Train supervisors to identify and document observable signs of impairment, not to make assumptions.

        1. Do the rules differ for applicants?

        In several states, yes. Some prohibit cannabis testing for applicants but allow limited testing for employees.

        1. How do remote or hybrid employees fit into all of this?

        Home offices are workplaces too. Set expectations around on-duty impairment and availability, even off-site.

        1. What about disability laws—where do they come in?

        Employees may request accommodation for underlying medical conditions, but employers generally don’t have to accommodate cannabis use itself.

        1. Our policy is a few years old… is that a problem?

        Most likely. Cannabis laws shift quickly. An outdated drug and alcohol policy can expose employers to claims, confusion, and inconsistent enforcement.

        The Takeaway

        Marijuana in the workplace is no longer a simple yes-or-no issue. Employers must balance safety, federal requirements, state laws, and evolving social norms. Clear policies, trained managers, and consistent enforcement go a long way in reducing risk.

        If your drug and alcohol policy hasn’t been updated since before cannabis laws started changing (or before eleven pipers started piping), now is the perfect time to reach out to legal counsel. Contact Hannah or other members of Verrill’s Labor and Employment practice group.

        Continue reading our series with Day 12 here.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...