Can a potential employer refuse to hire a prospective employee because of a positive cannabis test?

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  • An employer cannot refuse to hire a person solely on the basis of such person’s or employee’s status as a qualifying patient who uses medical marijuana certified to have an approved condition by a practitioner.


  • An employer cannot refuse to hire a prospective employee who uses cannabis outside the workplace prior to being hired unless:
    • (1) the hiring of such person would put the employer in violation of a federal contract or cause it to lose federal funding; or
    • (2) the employer refuses to hire a prospective employee with a conditional job offer pursuant to an established written policy made available to such prospective employee concerning the prospective employee’s positive test for recent cannabis use.
    • (3) the prospective employment is for a position that is an “exempt employee” as defined in CGS Sec. 21a-422p
    • (4) the prospective employer is a party to a valid collective bargaining agreement that specifically addresses drug testing, conditions of hiring, or conditions of continued employment of such applicant (CGSSec. 21a-422s).


  • Nothing in sections 21a-422p to 21a-422r shall apply to the privileges, qualifications, credentialing, review or discipline of nonemployee, licensed healthcare professionals on the medical staff of a hospital or other medical organization.

Workplace and Employee Information Possession