Recreational Marijuana in Missouri Is Coming Soon – What Employers Need to KnowPosted by On

On November 8, 2022, Missourians voted to legalize recreational marijuana, adopting “Amendment 3,” a proposal to amend the state Constitution. With this development, Missouri joins a growing number of states that have legalized recreational marijuana for adults 21 and older (although marijuana is still unlawful as a matter of federal law). Missouri previously legalized the use of marijuana for medical reasons by adopting Amendment 2 in 2018. Amendment 3 both legalizes the recreational use of marijuana and modifies the existing medical marijuana law, especially with respect to employment protections for medical marijuana users. The changes will go into effect on December 8, 2022.

Changes Related to Medical Marijuana. While the focus of Amendment 3 was the legalization of marijuana used recreationally, the changes related to the use of marijuana for medical reasons are significant for employers. In particular:

  • New Employment Protections for Certain Medical Marijuana Users. The Amendment specifically prohibits discrimination against a person in hiring or any term or condition of employment if the discrimination is based on: (1) “[t]he person’s status as a qualifying patient or primary caregiver who has a valid identification card, including the person’s legal use of a lawful marijuana product off the employer’s premises during nonworking hours”; or (2) “[a] positive drug test for marijuana components or metabolites of a person who has a valid qualifying…

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