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

        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...