BURLINGTON, Vt. —
Legal recreational marijuana doesn’t mean you can go to work high.
“You can treat it similar to alcohol, where it might not be criminal activity to have a drink outside of work, but if you show up to work drunk, we’re probably gonna have a problem,” said attorney Heather Wright, who advises hundreds of companies about policies like this, “If an employer has a policy or a stance or a procedure of keeping marijuana out of the workplace, they can take employment action or refuse to hire based on a positive drug screen for recreational marijuana.”
Vermont state law already requires any employer who drug tests potential new employees to let them know what substances they’re testing for.
And a company can still refuse to hire someone if THC, the chemical compound in marijuana, shows up in their urine.But a positive test doesn’t always mean they’re still feeling its effects because THC can stay in a person’s body for weeks.
“I think a lot of it is just how