Pub. 1 2021 Issue 2

28 RECREATIONAL MARIJUANA IN MONTANA – WHAT EMPLOYERS SHOULD KNOW O n Nov. 3, 2020, almost 57% of Montana’s voters approved Ballot Issue I-190, which legalized medical marijuana in the state. Half of Montana’s counties approved the measure, which means that legalization will occur by default in those counties. The counties where voters did not approve recreational marijuana will need most voters to reverse their decision before recreational marijuana can become legal in those counties. Ballot Issue I-90 law went into effect Jan. 1, 2021, but the state has until Oct. 1, 2021, to administer, enforce and issue dispensary licenses. Other laws about marijuana use include the following: • Constitution Initiative 118 (CI-118) was approved to modify the state constitution so that the legislature could do its work to control the possession and use of marijuana. CI-118 also designated 21 as the legal age for using recreational marijuana. • H.B. 655 prevents employees who fail a drug test or refuse a drug test as part of a workplace drug policy from getting workers’ compensation benefits. There’s an exception for employees who take marijuana for medical reasons. • H.B. 691 will provide guidelines for implementing and regulating the medical marijuana program voters approved. H.B. 691 goes into effect in January 2022. There are rules about using recreational marijuana. • You are allowed to smoke it. • Consumption has to be in private. • You can’t operate vehicles, planes or boats while under the influence. • You are in trouble if there is enough marijuana in your system to cause impairment. What constitutes impairment under Montana law? It’s not just the amount of THC in your blood; if you act impaired, you are impaired. A driver can be convicted of a DUI with less than 5 ng/ml if they act impaired. However, blood levels are not al lowed to be at or above 5 ng/ml of THC. Legalization is a big step for any state to take, especial ly since the federal government continues to lag on legalizing recreational marijuana, but that doesn’t mean residents (or employees) can use marijuana anytime they want. Specifical ly: • Employers don’t have to accommodate use or possession on the employer’s property or in the workplace. Employees also can’t use or possess it while using the employer’s equipment. • They can discipline employees for working while intoxicated with marijuana or for violating a company drug policy. • Employees can’t drive while they are impaired or under the influence of marijuana. • Employers can put a clause in employment contracts prohibiting the use of marijuana to treat medical conditions, even serious ones, if there is a conflict with a bona fide occupational qualification that is reasonably related to the employee’s work. In other