Summary: Effective May 17, 2021, the Darren Wesley "Ato" Hall Compassion Act permits medical marijuana to treat certain medical conditions. Some provisions of the Act include the following:
- Employers are not required to permit use of medical marijuana or modify work conditions for employees who use medical marijuana;
- Employers may refuse to hire or terminate an individual's employment as a result of the individual's use of marijuana.
- Employers may establish and enforce drug testing policies, including prohibiting the use of marijuana in the workplace.
- Employers may adopt policies requiring employees to notify the employer if an employee possesses a medical marijuana card.
- Federal restrictions on employment still apply.
- Costs for medical marijuana are not required to be reimbursed by a government medical assistance program, employer, property and casualty insurer, or private health insurer.
- Workers' compensation premium discount for employers who have a drug-free workplace policy is not affected.
- Employers may deny payment of workers' compensation benefits on the basis of an employee's positive drug test or refusal to submit to a drug test.
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| Impact(s): Alabama employers |
| Summary: Effective January 1, 2021, SB 288 allows individuals to petition to have criminal convictions removed from their record after a "conviction-free" period of 4 years. The court may grant a petition after weighing the harm to the individual against the public's interest in knowing about the conviction. Certain offenses such as sex crimes against children, family violence battery, pimping, sexual battery, and DUI are excluded.
Employers who hire employees with a criminal history who have had their criminal records restricted and sealed ("second chance hiring") will be protected from the record being introduced as evidence in a negligent hiring or retention claim in a civil proceeding.
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| Impact(s): Georgia employers |
| Summary: Two new laws have been passed regarding recreational marijuana use and implement Constitution Initiative 118 (CI-118) and Initiative 190 (I-190). The first law, effective July 1, 2021 (HB 655) will disqualify an individual from obtaining workers' compensation benefits for failure or refusal to submit to a drug test pursuant to an employer's workplace drug policy. There is an exception for medical marijuana users.
The second law, effective January 1, 2022, addresses implementation of I-190, in particular, it will amend Montana's definition of "lawful products" to include marijuana and will prohibit employers from taking adverse action against an employee for lawful use of marijuana when off-duty.
However, employers will be permitted to continue the following drug-free workplace rules:
- Workplace Use/Possession Can be Prohibited.
- Driving Under the Influence or Impaired Not Permitted.
- Recognized Limited Exceptions to Protections for Off-Duty Use.
- Limited Safe Harbor for Established Policies and Agreements.
Notably, employers cannot reject an applicant or take adverse action against an employee solely because of a positive marijuana test, unless the employee shows signs of impairment while at work.
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| Impact(s): Montana employers |
