Since California became the first state to permit the sale and possession of medicinal marijuana in 1996, 22 other states and the District of Columbia have passed similar legislation.
More recently, recreational marijuana use has been legalized in four states – Alaska, Oregon, Washington and Colorado – as well as Washington, D.C.
As a result, employers with operations in states where marijuana prohibitions have been relaxed or vacated are challenged to enforce workplace anti-drug policies. In particular, experts say employers could see more employment practices liability claims, driven primarily by lawsuits brought by employees who were fired, disciplined or denied a job based on their use of marijuana in violation of company policies.
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