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Missouri - Considerations for Marijuana in the Workplace

  • Last Update on April 18, 2023

Medical
Marijuana Law:

Recreational
Marijuana Law:

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Employer Concerns – Significant to Review

  • 2022 election authorized recreational marijuana. Employers may still enforce drug-free workplace rules, and they may discipline or terminate employees for using, possessing, or being under the influence of marijuana while at work. Caution is advised for hiring, discipline, and termination decisions when marijuana is used legally.
  • Employers may refuse to hire an applicant or discipline, up to including termination, an employee who is under the influence of medical marijuana at work.
  • Consuming medical marijuana in a public space, while operating a vehicle, or performing any task where doing so under the influence would constitute negligence is strictly prohibited.
  • An applicant or employee may not bring a claim against an employer based on refusal to hire or disciplinary action taken if the applicant/employee was under the influence of medical marijuana.
  • There are unemployment and workers’ compensation laws with drug testing specific requirements. For example,
    • Employees must receive at least a 60-day notice before implementing a drug testing policy.
    • Although not required, if an employer complies, he or she will have greater latitude to deny claims.

Testing

  • There are unemployment and workers’ compensation laws with drug testing specific requirements. Although not required, if an employer complies, he or she will have greater latitude to deny claims.

Hiring/Termination

  • Employers may refuse to hire an applicant or discipline, up to including termination, an employee who is under the influence of recreational or medical marijuana at work.

Discipline

  • Employers may refuse to hire an applicant or discipline, up to including termination, an employee who uses or  is under the influence of medical or recreational marijuana at work.

Use/Possession

  • Consumption is illegal in spaces open to the general public.
  • Property owners may designate space and specifically limit methodology for qualifying patients to consume.
  • Per Missouri’s Title XII Public Health and Welfare 195.805, edibles are now allowed with certain provisions.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • There are unemployment and workers’ compensation laws with drug testing specific requirements. Although not required, if an employer complies, he or she will have greater latitude to deny claims.
  • Missouri has the Missouri Hemp Extract Registration Program that issues registration cards to persons with intractable epilepsy to access CBD.
  • Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)
Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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