Q: My employers drug policy states "thc is prohibited (except as provided for under applicable law.) What does that mean?
A:
The phrase has no technical legal meaning. You need to ask your employer what it means by that statement.
It could mean that unless you are working in a state that has passed a law that restricts employers from taking adverse action against employees who test positive for THC, your employer reserves the right to take such action against you as an employee if you test positive for THC.
As of January 1, 2024, Arizona, California, Connecticut, Delaware, Iowa, Michigan, Montana, New Jersey, New Mexico, New York Oklahoma, Pennsylvania, Virginia, and Washington D.C. all have laws which protect--to one degree or another--marijuana users because workers could have consumed it legally while off duty. The content of these laws varies from state to state. A phrase like "except as provided for under applicable law" can be used as a catchall to ensure that an employer's statement of policy isn't illegal.
Realize that just because a substance is legal in your state does not necessarily protect you from adverse employment action, including firing, if your employer chooses to adopt a policy prohibiting employees from using the substance.
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