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Drug-Free Workplace Policy and Program Template

What States is Marijuana Legal In?

Last updated on April 4, 2017

State Marijuana Status SB or HB or AB Initiative Effective Date
Alabama Medical CBD oil only Carly's Law Leni's Law June 11, 2014/ June 1, 2016
Alaska Medical Marijuana legalized   Senate Bill 94 March 4, 1999
  Recreational Marijuana legalized Ballot Measure 2 November 4, 2014
Arizona Medical Marijuana legalized Proposition 203 November 2, 2010
Arkansas Medical Marijuana legalized Issue 6 November 9, 2016
California Medical Marijuana legalized   Proposition 215 November 6, 1996
  Recreational Marijuana legalized Proposition 64 January 1, 2018
Colorado Medical Marijuana legalized Amendment 20 November 7, 2000
  Recreational Marijuana legalized Amendment 64 November 6, 2012
Connecticut Medical Marijuana Legalized House Bill 5389 October 1, 2012
  Recreational Marijuana decriminalized Senate Bill 1014 July 1, 2011
Delaware Medical Marijuana legalized Senate Bill 17 May 13, 2011
  Recreational Marijuana decriminalized House Bill 39 December 18, 2015
Florida Medical Marijuana legalized Senate Bill 1030 amended by Amendment 2 (2016) June 16, 2014
Georgia Medical CBD oil only House Bill 1 April 16, 2015
Hawaii Medical Marijuana legalized Senate Bill 862 June 14, 2000
Idaho Medical and non-medical marijuana are both still illegal but supporters of the 2018 initiative need to submit 48,793 valid signatures by close of business on May 1, 2018 for it to qualify for the 2018 ballot Idaho_Medical_Marijuana Initiative_(2018)  
Illinois Medical Marijuana legalized House Bill 1 Amended by Senate Bill 2636 (2014) and extended by SB10 (2016) January 1, 2014
  Recreational Marijuana decriminalized Senate Bill 2228 July 29, 2016
Indiana Medical and non-medical marijuana are both still illegal but with legislation being worked out at the beginning of the 2017 legislative session Senate Bill 15 and Senate Bill 255 Pre-filed
Iowa Medical CBD oil only Senate File 2360 July 1, 2014
Kansas Medical and non-medical marijuana are both still illegal but with reduced penalties for possession    
Kentucky Medical CBD oil only Senate Bill 124 July 6, 2016
Louisiana Medical Marijuana legalized but with no protections for cultivation or distribution Senate Bill 271 and Senate Bill 180 May 19, 2016 / August 1, 2016
Maine Medical Marijuana legalized,   Ballot Question 2, Amended by Senate Bill 611 (2002) and Question 5 (2009)   December 2, 1999
  Recreational Marijuana legalized Question_1 January 30, 2017
Maryland Medical Marijuana legalized House Bill 881 June 1, 2014
  Non-medical marijuana decriminalized Senate Bill 364 October 1, 2014
  Marijuana paraphernalia decriminalized SB 517 February 20, 2016
Massachusetts Medical Marijuana legalized   Question-3 November 8, 2012
  Recreational Marijuana legalized Question 4 December 15, 2016
Michigan Medical Marijuana legalized   Proposal 1 amended by House Bill 4856, House Bill 4834 and House Bill 4851 December 4, 2008
Minnesota Medical Marijuana legalized SF 2470 May 30, 2014
Mississippi Medical CBD oil only House Bill 1231 April 17, 2014
Missouri Medical Marijuana legalized HB 2238 July 28, 2014
  Non-medical marijuana decriminalized Senate Bill 491 January 1, 2017
Montana Medical Marijuana legalized Initiative 148 November 2, 2004
Nebraska No laws legalizing marijuana Decriminalized possession of small amount of marijuana       1978
Nevada Removed jail time for the possession, use and cultivation of marijuana for qualified patients Medical marijuana legalized Ballot Question 9 October 1, 2001
Marijuana legal for adults; taxed and regulated like alcohol   January 2017
New Hampshire Therapeutic use of medical marijuana HB 573   July 23, 2013
Bills to legalize possession and cultivation of marijuana legal LSR 543 and LSY 934 Pre-filed
Bill to decriminalize possession of small amount of marijuana LSR 69 Pre-filed
New Jersey Medical Marijuana is Legalized SB 119 (48-14H; 25-13 S) July 2010
  Bill to legalize and regulate marijuana A 2068 Pre-filed 2016
  Bill to decriminalize possession of small amount of marijuana A2050 January 27, 2016
New Mexico Removes state-level criminal penalties on the use and possession of marijuana by qualified patients Senate Bill 523 (36-31 H; 32-3 S) July 1, 2007
New York Has medical marijuana law AB 6357 July 2014
Department of Health has allowed nurse practitioners to recommend medical marijuana to qualified patients   November 2016
North Carolina Decriminalized the possession of small amount of marijuana   1977
North Dakota Medical marijuana legalized Ballot Measure 5 November 8, 2016
Ohio Legalized medical marijuana HB 523 September 2016
Removed jail time for the possession of small amount of marijuana   1975
Oklahoma Possession of marijuana is a misdemeanor State Question 780 July 1, 2017
Allows adults to use low-THC cannabis oil   HB 2835 2015
Oregon Legalized medical marijuana law Ballot Measure 67   1998
Legal for adults 21 and over Measure 91 July `1, 2015
Pennsylvania Medical marijuana legal SB 3 April 2016
Rhode Island Medical marijuana legal SB 0710 January 6, 2006
Decriminalized minor marijuana possession     April 2013
South Carolina No medical marijuana law  
CBD oil Bill 1035 May 2014
South Dakota No medical marijuana law Possession of marijuana is a felony  
Tennessee CBD Oil only SB 2531 May 16, 2014
Possession is now a misdemeanor   2016
Texas Medical marijuana is not legalized  
Utah CBD Oil only HB 105   March 21, 2014
Possession translate to a 6-month jail time  
Vermont Legalized medical marijuana HB 645 2002 July 1, 2004
Removed jail time for the possession of small amount of marijuana   2013
Virginia CBD oil only HB 1445   Feb 26, 2015
Washington Legalized medical marijuana Initiative 692 1998
Legalized recreational marijuana Initiative 502 2012
West Virginia No medical marijuana law  
Wisconsin No medical marijuana law  
Wyoming CBD oil only HB 32 July 1, 2015

Employee Drug Testing Laws and Regulations

There is no comprehensive federal law that regulates drug testing in the private sector, even in light of the fact that half of the U.S. now allows for legal medicinal marijuana use. The Drug-Free Workplace Act does impose certain employee education requirements on companies that do business with the government, but it does require employee drug testing, with no drug testing restrictions. Drug testing is allowed under the Americans With Disabilities Act (ADA) because the ADA does not consider drug abuse a disability - but the law does not regulate or prohibit drug testing. Instead of a comprehensive regulatory system, federal law provides for specific agencies to adopt drug testing regulations for employers under their jurisdiction.

The Department of Defense requires defense contractors to set up procedures for identifying drug users, including random drug testing. The Department of Transportation requires the industries it regulates to conduct random drug and alcohol testing for workers in safety sensitive jobs, as well as post accident drug testing and when there is "reasonable suspicion" of employee substance abuse. The federal Omnibus Transportation Employee Testing Act (OTETA) requires tests for all operators of aircraft, railroad equipment, mass transportation vehicles, and commercial motor vehicles.

Since there is no comprehensive federal drug testing law, this leaves the field open to state regulation, and many states have enacted provisions imposing drug testing restrictions of various kinds. Some limit testing to "reasonable suspicion" or "probable cause" situations. Some explicitly authorize random drug testing under certain circumstances. Some impose restrictions on public sector employers but not on private companies. Many prescribe specific methods for handling of specimens and the use of drug test results.

As a general rule, testing is presumed to be lawful unless there is a specific restriction in state or federal law. However, the body of law on employee privacy and related issues continues to evolve, and any testing program that is not explicitly authorized by law should be considered open to legal challenge. Of equal importance is the controversial character of employee drug testing in labor management relations and the potential for legal challenges from this quarter.

Workplace testing for marijuana has become a hot topic now that over half of the United States has legalized marijuana in one form or another. The majority of states have legalized medicinal marijuana, however a handful of states have now legalized recreational marijuana as well.

Source: ACLU, rev. April 2004


Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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