Skip to main content
  • Personal
  • Business
  • Foundation
    Close
    • Global
    • India
    • MENA
  • mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Enterprise
      Membership Benefits
  • Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      • Recertification
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      Qualifications

      Gain a deeper understanding and develop critical skills.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

  • Events & Education
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • SHRM26 Annual Conference
      • BLUEPRINT 2025
      • Talent Conference & Expo
      • Linkage Institute
      • The AI+HI Project 2026
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars
  • Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • Flagships
      • HR Research
      • Legal & Compliance
      • Latest News & Trends
      • Tools & Guides
      • Webinars
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

  • Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

  • Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Close
  • Personal
  • Business
  • Foundation
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Enterprise
      Membership Benefits
  • Certification
    back
    Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      • Recertification
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      Qualifications

      Gain a deeper understanding and develop critical skills.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

  • Events & Education
    back
    Events & Education
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • SHRM26 Annual Conference
      • BLUEPRINT 2025
      • Talent Conference & Expo
      • Linkage Institute
      • The AI+HI Project 2026
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars
  • Resources
    back
    Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • Flagships
      • HR Research
      • Legal & Compliance
      • Latest News & Trends
      • Tools & Guides
      • Webinars
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

  • Community
    back
    Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

  • Shop
    back
    Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Topics & Tools
  2. Employment Law & Compliance
  3. Can Massachusetts Employers Fire Workers for Off-Duty Marijuana Use?
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

Can Massachusetts Employers Fire Workers for Off-Duty Marijuana Use?

July 12, 2019 | Lisa Nagele-Piazza, J.D.

Marijuana and a rolling paper on a wooden table.


Complying with marijuana laws and understanding their impact on the workplace is tricky for multistate employers, but even the laws in a single state can be difficult to navigate. In Massachusetts, for instance, medical and recreational marijuana use is legal, but employers can still fire workers who test positive for the substance—in some situations.

Employers and workers alike should keep in mind that no law requires an employer to tolerate on-the-job marijuana use or impairment. But protections for off-duty use may depend on the specific job and the reason an employee consumed cannabis.

We've rounded up the latest news on this topic from SHRM Online and other trusted outlets.

Recreational Marijuana Use Not Protected Yet

Although recreational marijuana use is legal in Massachusetts, no law currently protects employees or job applicants who test positive for the substance, even if they use it outside of work hours. The Boston Globe recently reported on a longtime cook who was described as a model employee and was fired for testing positive for marijuana after cutting his finger and taking a required drug test. "I'm extremely disturbed that a company could or would fire someone for using a drug that's legal in Massachusetts," said Democratic state Sen. Jamie Eldridge. "It's definitely something that the legislature needs to address this session." State lawmakers have introduced a bill that would make it harder for employers to discipline or fire workers who use marijuana off duty—though there would be some exceptions for safety-sensitive positions.

(Boston Globe)

Employers May Need to Accommodate Off-Duty Medical Use

In 2017, the Massachusetts Supreme Judicial Court ruled that a new hire who was fired for testing positive for marijuana could bring a disability discrimination claim under state law. The new hire was a registered medical marijuana patient and the employer didn't discuss any potential accommodations for her off-duty use. The court said that "the use and possession of medically prescribed marijuana by a qualifying patient is as lawful as the use and possession of any other prescribed medication." Thus, employers should explore reasonable accommodations rather than having zero-tolerance policies, particularly since marijuana tests can't distinguish between current intoxication and off-duty use. 

(SHRM Online)

Nevada and New York City will Soon Protect Many Recreational Users

Starting Jan. 1, 2020, many Nevada employers won't be able to consider new hires' marijuana use. Nevada is the first state to curb the use of pre-employment drug testing for the substance. Lawmakers in New York City approved a similar local law that will also take effect in 2020. Each law will have exceptions for certain industries and safety-sensitive jobs. "Prospective employers don't test for alcohol, so marijuana should be no different," said Jumaane Williams, New York City's public advocate and the sponsor of the city's law. "But in no way does this bill justify individuals going to work under the influence."

(SHRM Online)

Is Marijuana Really Legal?

Marijuana use is still illegal at the federal level, but 33 states have legalized medical marijuana use, and 11 of those states have also legalized recreational use. To make matters more confusing for employers, some state statutes or court decisions protect employees who use medical marijuana under state disability laws and others do not. Here are some of the key legal concepts that may influence how employers approach their policies and practices.

(SHRM Online)

Marijuana Map July 2019.jpg

Quiz: How Do Marijuana Laws Affect the Workplace?

Marijuana use isn't as taboo as it used to be, and employers in some industries are finding that it's hard to attract and retain employees if they test for the substance. But employers in many locations still have some leeway to set their own drug-testing standards and associated policies. Test your knowledge about marijuana laws by taking this true or false quiz.

(SHRM Online)

Culture
ESG, Ethics & Compliance
Employment Law & Compliance
Recruiting
Risk Management
Sourcing


Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

Kelly Dobbs Bunting speaks onstage at SHRM24
(opens in a new tab)
News
Why AI+HI Is Essential to Compliance

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

Workplace Compliance Newsletter

Summaries of legal decisions, legislative news and regulatory news, delivered Friday afternoons.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Circle Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview

  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Book a SHRM Executive Speaker
  • Advertise with Us
  • Post a Job
Advocacy

  • Workforce Development
  • Workplace Inclusion
  • Workplace Flexibility & Leave
  • Workplace Governance
  • Workplace Health Care
  • Workplace Immigration
  • State Affairs
  • Global Policy
  • Advocacy Team
  • Take Action
  • Generation Cares
  • The Section 127 Coalition
Member Resources

  • Ask An Advisor
  • SHRM Newsletters
  • SHRM Flagships
  • Topics & Tools
  • Find an HR Job
  • Vendor Directory

© 2025 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube

  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now