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A Simple Guide to Common Workplace Impairment Questions

In 2022, Amendment 3 was passed, “making Missouri the 21st state to legalize recreational marijuana, making it legal for anyone older than 21 to buy, possess, deliver, use, manufacture and sell marijuana in the state.”

In this blog post, we will explain a few example scenarios and how to navigate them. Please note that these laws are specific to Missouri and Amendment 3, but can be applied to most states with legalization. Please message us if you would like to know more about your states’ impairment laws and more importantly, how Otorize can cost-effectively reduce impairment in your workplace.

Let’s begin with medical marijuana, discussing the issues employers and employees might run into in the workplace and how to address them. The current problem is that while employees cannot come into work impaired, issues arise around testing and confirming said impairment or lack of.

Medical Marijuana Common Questions:

  1. Can you choose not to hire someone because they have a medical marijuana card?

    1. No, “you cannot discriminate or negatively impact someone because they have a medical marijuana card”

  2. If someone does a drug test when applying to a job and it is positive what do you do?

    1. Ask if they have a medical marijuana card.

      1. If they do, you cannot discriminate against them for this positive result

      2. If they do not, this response differs state to state

  3. What do you do if a current employee shows up impaired?

    1. You need evidence of impairment, through witnesses or a cognitive impairment test like Otorize

    2. A blood or urine drug test will not be sufficient here. This is because these tests show residual rather than current impairment.

  4. If someone uses medical marijuana in the morning, are they impaired at work?

    1. This is a very difficult question to answer, and is a question of tolerance levels and dosages. At the end of the day, it comes down to whether they are impaired, which can be done through using Otorize, a cognitive impairment test based on a baseline test.

At the end of the day, “impairment is impairment” and companies must err on the side of safety. Companies should be prepared, creating measures and procedures for impairment in the workplace before problems arise. If using Otorize, all employees should take the baseline test as soon as possible, so that Otorize can be utilized whenever needed. Impairment in the workplace is a tricky subject, so feel free to reach out to us with any questions.



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