Can an employer require an employee to refrain from consuming cannabis during off-duty hours?

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Yes, except for medical marijuana patients.

  • Exempt employers can regulate the use of cannabis during an employee’s off-duty hours to the same extent that it was able to do so prior to the enactment of the adult-use cannabis law.
  • Non-exempt employers may prohibit off-duty use if they issue a policy prohibiting cannabis use.


An employer may base an adverse employment action on a drug test result that is positive for THC pursuant to an established policy.  An employer with an established policy that is in compliance with the cannabis requirements may affect an employee’s decision to consume cannabis during off-duty hours.

Workplace and Employee Information Possession