By: Sara Choate, SPHR, SHRM-SCP

On November 8, 2022, voters passed Amendment 3 to the Missouri Constitution, legalizing recreational marijuana effective December 8, 2022. While it will be at least February 2023 before recreational marijuana is available for legal purchase, the time is now for employers to prepare.

While elements are still evolving, employers should know nothing in the amendment prohibits employers from enforcing drug-free workplace policies. In addition, marijuana remains illegal at the federal level, therefore, those with federal contracts exceeding more than $100,000, federal agencies, or organizations who receive federal grant dollars, must comply with the Drug-Free Workplace Act, which considers cannabis to be a ‘controlled substance.’

Missouri employers are under no obligation to allow employees to work under the influence and are not required to allow or accommodate marijuana use in the workplace or on the employer’s property. More information regarding the potential impact of Amendment 3 for Missouri employers is provided in this article from Lathrop GPM. KPM’s Human Capital Solutions team will keep you informed as more information is available.

This update is not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.