In November 2016, Maine voters approved the sale of recreational marijuana for persons 21 years of age or older with the law going into effect in 2018. On February 1, 2018, specific protections for employees or applicants, who use marijuana went into effect. These protections may affect how you administer your drug testing program for employees in Maine.
An employer is not required to permit or accommodate the use or possession of marijuana in the workplace or allow any employee to work under the influence of marijuana in the workplace. However, an employer may not refuse to hire or penalize an employee or applicant solely because that person consumes marijuana outside of the workplace.
Read the full text of Maine’s new law.
Update: The State of Maine Department of Labor has published a guide on marijuana in the workplace on their website on April 4, 2018.