When Smoke Gets In Your (Employer's) Eyes

Law360, New York (January 9, 2014, 6:22 PM EST) -- In November 2012, Colorado and Washington became the first states to legalize marijuana for recreational use for persons over the age of 21. Under Colorado Constitutional Amendment 64 ("Amendment 64") and Washington's Initiative 502 ("I-502") marijuana will be regulated and taxed much like alcohol.

Passage of these provisions raises significant questions for employers regarding enforcement of their drug-free workplace policies, especially considering that federal law still prohibits marijuana under the Controlled Substances Act ("CSA"). Although the future remains hazy, courts in Colorado and Washington have thus far been employer-friendly in this regard.

Washington's I-502 is silent with regard to employee protections...

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