Maine Enacts Regulatory Structure for Adult Use of Marijuana
06/06/18
Author: ADP Admin/Wednesday, June 6, 2018/Categories: State Compliance Update, Maine
On May 2, 2018, the Maine Legislature overrode Governor Paul LePage’s veto and enacted An Act to Implement a Regulatory Structure for Adult Use of Marijuana (“the Adult Use Act”). The Adult Use Act deletes the anti-discrimination provision that prohibited Maine employers from refusing to employ or otherwise penalizing any person age 21 or older based on that person’s “consuming marijuana outside the . . . employer’s . . . property.”
The Adult Use Act leaves intact provisions that took effect on February 1. Specifically, employers are:
- not required to permit or accommodate the use, consumption, possession, trade, display, transportation, sale or growing of marijuana in the workplace;
- permitted to enact and enforce workplace policies restricting the use of marijuana by employees; and
- allowed to discipline employees who are under the influence of marijuana in the workplace.
The law is codified at Maine Statutes title 28-B, chapter 1, section 112.
Coverage: Employers with employees in Maine
Effective: Already in effect (May 2, 2018)
Action Required: Review and revise, if necessary, policies and procedures concerning workplace safety, drug testing, medical marijuana use, substance abuse and discrimination. If you participate in the ADP TotalSource Drug Free Workplace Program, please contact our ADP TotalSource Drug Free Workplace Administrator for additional guidance. Check Toolkit available on FormSource/Forms Library in the pre-employment section for more information.
As always, please be sure to contact your HR Business Partner if you have any questions.
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