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Marijuana Legalization by State.
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Our intent is to make Vermont drug screening compliance as simple as possible you don’t have to be a constitutional law scholar to conduct workplace drug testing in the Green Mountain State.
Vermont is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations and court decision that apply. The law (Title 21, Ch. 5 511- 520) prohibits drug testing except as specifically permitted. Testing is your choice, but if you choose to do so, it must be according to the law.
This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.
Under Act 86, employers are not required to allow or accommodate workplace use, consumption, possession, etc of marijuana. Employers may still ban or regulate marijuana in the workplace, create policies prohibiting the use of marijuana in the workplace, and discharge employees for violations of that policy.
Employers are not allowed to conduct random drug tests, although you may drug test for pre-employment and test for reasonable suspicion. Employers can still rescind an offer based on a positive pre-employment drug test.
It is advisable to have a company substance abuse testing policy that is clear and completely informs employees what the rules are of your workplace. When referring to medical marijuana use by employees in Vermont, it is suggested that you indicate your company will maintain a program in compliance with state law.
Q1. Can I do a random testing for my employees in Vermont? Yes: No:
In Correct Anser is No.
Correct!
Disclaimer
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: A qualified registered medical card holder must be diagnosed with a debilitating medical condition by a health care professional. The debilitating medical condition consists of, cancer, PTSD, Crohn's Disease, Glaucoma, Seizures, Severe nausea, Chronic pain, etc. This state's medical marijuana law still permits employers to ban marijuana in the workplace and prohibit all employees from working while under the influence of marijuana.
Personal Use: recreational marijuana may not be consumed in public places like streets, parks public buildings.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.
No known court cases at this time.
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