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Voting on Marijuana in 2018: Medical or Recreational?

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Will a marijuana issue be on your ballot this year?

The state-by-state approach to medical and recreational marijuana means voters in at least four states will consider revisions to their laws on marijuana.  For employers with nationwide workforces or employees in multiple states, this means the prospect for more changes, which are not necessarily uniform, is bright.  Arizona has a ballot initiative in the hopper for recreational marijuana, but a determination has not yet been made on whether it will be on the ballot.  Michigan voters will be voting on recreational marijuana this fall.  Voters in Missouri, Oklahoma, and Utah will also be considering a medical access provision similar to some medical marijuana laws.  These initiatives, if passed, would allow patients who have certain conditions to procure cannabis-infused products from certain dispensaries.  While the outcomes are uncertain, polling data suggests these ballot initiatives have a respectable chance of success.  For employers with drug testing policies and programs, they are not likely to see an abatement in the increased regulation and compliance activities related to the transformation in the law occurring in this arena.