But that’s not what the website says. In fact, it states that:

The law says that non-exempt employers may not prohibit the off work use of cannabis or take adverse action against an employee or a potential employee for a positive THC test unless the employer has adopted a policy that states otherwise. Generally, an employer may not take adverse action against an employee or potential employee for use of cannabis prior to applying for or working for the employer.

Now, in July 2022, some of this will be true.  However, there’s nothing on the state website to warn people that this portion of the law doesn’t go into effect until another year.

And even the so-called answer is only telling part of the story.  Non-exempt employers AND employees in non-exempt positions will have some protection for off-duty cannabis use unless an employer has a written policy.  But again, that nuance is lost on the website. And what is a “non-exempt” employer anyway? Might the state actually explain what is and is not covered, particularly right now?  And what about an employee who uses cannabis before work (see my 2013 post about people who use the hashtag “#wakeandbake”)  but shows up to work under the influence?

After touting the new website in a press release, it seems somewhat embarrassing to have to explain to someone that the government’s website is just incorrect. But here we are.

So, cannabis users beware. For a more complete summary of the rules and how they apply to the workplace (mainly in July 2022), see the post my colleague Sarah Westby and I did on our sister employment law blog.