Effective July 1, 2018, Vermont residents will be allowed to grow up to two mature and four immature marijuana plants and possess up to one ounce of marijuana. Unlike the states that have legalized marijuana via ballot initiatives before, Vermont is the first state whose lawmakers passed legislation allowing recreational marijuana use. While many other states have authorized retail sale of marijuana, Vermont’s new law only allows for cultivation at home and with approval of the property owner.
Most importantly for employers, the new Vermont law does not prohibit employers from enforcing policies against marijuana use. Vermont’s law specifically states that it does not:
- Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace.
- Prevent an employer from adopting a policy that prohibits the use of marijuana in the workplace.
- Create a cause of action against an employer that discharges an employee for violating a policy that restricts or prohibits the use of marijuana by employees.
- Prevent an employer from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana on the employer’s premises.
Employers should note that the new Vermont law only addresses recreational marijuana due to the existing and separate medical marijuana law.