Marijuana Legalization and Texas Employers

With both Colorado and Washington passing state laws allowing for the legalization of recreational Marijuana use, Texas employers question the impact to their drug testing and substance abuse policies.   Without going into multiple scenarios or explanations, let's go with a short answer.  These laws have little, if any, effect on your policies/programs. 

 

Remember:

1. Marijuana possession is still unlawful under Texas and federal law. 
2. Texas has no law prohibiting employers from taking adverse action against employees engaged in lawful off-duty conduct.  As such, a Texas employer can take disciplinary action against an employee testing positive for Marijuana usage. 
3. Federal law still criminalizes the possession of Marijuana even in states that have legalized it.