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  • Lawmakers in Pennsylvania have filed legislation to legalize recreational marijuana. The recent filing of House Bill 2210 marks a significant shift in the state’s approach to cannabis regulation. House Bill 2210 aims to regulate the personal use and possession of cannabis for recreational purposes. Since the state legalized marijuana for medical purposes in 2016, this proposal would allow medical marijuana patients in the state to cultivate a limited number of cannabis plants at home for personal use, a practice currently prohibited.

    The bill outlines specific workplace requirements concerning the use of marijuana by employees and job applicants. It grants employers the authority to establish zero-tolerance, drug-free workplace policies, enabling them to take disciplinary action, including termination, against employees found to be impaired by marijuana while on duty.

    Grounds For Legalization

    The sponsors of the legislation emphasize the move toward legalization is rooted in “safety and social equity.” State Representative Amen Brown, a prime sponsor of the bill, highlighted the potential loss of tax revenue and job opportunities to neighboring states such as New Jersey and New York, which have already implemented adult-use cannabis laws. He stressed the economic implications of not embracing legalization, stating that failing to do so “risks permanently ceding hundreds of millions of dollars of new tax revenue as well as thousands of jobs” to other states.

    Implication For Business Owners

    For business owners in Pennsylvania, the potential legalization of recreational marijuana brings several implications and considerations:

    • Workplace policies: If the legislation is passed, businesses can uphold zero-tolerance, drug-free workplace policies regarding marijuana use. This means they can take action against employees found to be impaired by marijuana while on the job.
    • Adaptation to change: Business owners must adapt their human resource policies and employment practices to align with the new regulations. This may involve updating employee handbooks, revising drug testing protocols, and providing training to management and staff on the updated policies.
    • Economic opportunities: With the legalization of recreational marijuana, there may be potential economic opportunities for entrepreneurs and business owners to enter the cannabis industry. This could include the development of cannabis-related products or services, retail opportunities, or participation in the cultivation and distribution aspects of the industry.

    Next Steps For Business Owners

    The potential legalization of recreational marijuana in Pennsylvania opens a new environment for business owners. As a business owner, you’re juggling numerous roles at once. Now, try adding cannabis compliance to the mix. There’s simply not enough time in a given day to handle it all on your own.

    Fortunately, that’s where a professional employer organization (PEO) can assist business owners and relieve them of the extra burden. A PEO like GMS offers tailored solutions to navigate the evolving regulatory landscape, revamp workplace policies, and ensure compliance with the dynamic legal framework. How does this benefit business owners? A partnership with GMS allows business owners to focus on driving their core business operations while receiving guidance from our HR experts on the changing dynamics of cannabis regulation. So, if you’re ready to roll with the highs and lows of the cannabis industry, contact us today, and let’s blaze a trail to success together.

  • On November 7th, 2023, Ohio marked a historic moment by becoming the 24th state to legalize adult-use (recreational) cannabis. Recreational marijuana is essentially marijuana used for enjoyment rather than for health benefits (medical). This groundbreaking decision brought to fruition through Issue 2, a citizen-initiated statute, signifies a significant shift in public perception compared to the rejection of a similar effort in 2015. With approximately 57% of voters supporting the move, Issue 2 is set to take effect 30 days after election day, allowing adults aged 21 and older to purchase and possess up to 2.5 ounces of cannabis and grow their own at home.

    The Legislation In Detail

    Issue 2 not only paves the way for personal cannabis use but also establishes the Division of Cannabis Control within the Department of Commerce. This regulatory body will oversee and license commercial cultivation, testing, and cannabis sales. While the full regulatory framework is anticipated to be in place by 2024, the law has already set the groundwork for a 10% tax on marijuana sales. The generated revenue will be directed towards a cannabis social equity and jobs program, contributing to community development.

    Employer Protections Under Issue 2

    Issue 2 provides a framework that safeguards employers’ rights to manage their workplaces in light of the new cannabis laws. These protections mirror those found in the Ohio Medical Marijuana Law and include:

    1. Employer discretion: Employers are not obligated to permit or accommodate employees’ cannabis use, possession, or distribution.
    2. Hiring and employment actions: Employers can refuse to hire or take adverse employment actions against individuals based on cannabis use, possession, or distribution.
    3. Legal immunity: Employees cannot sue employers for refusing to hire or taking adverse actions related to their cannabis use.
    4. Drug policies: Employers are empowered to establish and enforce drug testing policies, drug-free workplace policies, or zero-tolerance drug policies.
    5. Workers’ compensation: The Ohio Bureau of Workers’ Compensation can continue granting rebates or discounts to employers participating in drug-free workplace programs.
    6. Unemployment compensation: If an employee is terminated due to cannabis use violating workplace policies, it’s considered “just cause” under the Unemployment Compensation Law, rendering them ineligible for benefits.
    7. Federal compliance: Issue 2 does not impede federal employment restrictions, including U.S. Department of Transportation regulations.

    Potential Amendments And Future Outlook

    Since Issue 2 is an initiated statute rather than a constitutional amendment, the General Assembly can amend it. Senate President Matt Huffman hinted at potential amendments, addressing concerns about THC limits, tax rates, and other aspects of the statute. The future actions of the General Assembly will undoubtedly shape the ongoing narrative of cannabis legalization in Ohio.

    The Role Of A PEO

    Ohio’s embrace of adult-use cannabis through Issue 2 signifies a progressive step forward, aligning with evolving perspectives on marijuana. As the state enters uncharted territory, navigating the regulatory landscape and ensuring compliance becomes paramount for businesses. Here’s where a professional employer organization (PEO) can play a crucial role for Ohio business owners.

    With HR experts well-versed in the intricacies of employment laws, a PEO like GMS can guide businesses through the nuances of Issue 2, helping them establish and enforce policies, navigate potential legal pitfalls, and stay abreast of any amendments to the statute. In this new era of cannabis legalization, GMS becomes a valuable partner, offering expertise to ensure smooth operations and compliance within the framework of Ohio’s pioneering legislation. Are you interested in learning more? Contact our HR experts today.

  • In a move for workers’ rights and personal freedoms, California has taken a bold step by embracing a progressive attitude towards marijuana use in the workplace. Governor Gavin Newsom signed Senate Bill 700 into law, indicating a new era for job applicants in California. Effective January 1st, 2024, this legislation ensures that employers can no longer inquire about a job applicant’s past marijuana use, and it also prevents pre-employment drug screenings for cannabis. But that’s not all – the law goes the extra mile to protect individuals from being penalized for off-the-clock marijuana use, marking a significant turning point in employment practices.

    A Legal Game Changer

    Before diving into the specifics of this law, it’s essential to understand its scope. The bill doesn’t serve as a blanket protection for job applicants. Instead, it offers essential safeguards for a broad range of workers. If a job applicant’s past marijuana use is relevant to their criminal history, employers are still permitted to consider this information. The law acknowledges that there are situations where such information can be legitimately taken into account in accordance with state and federal laws.

    Another crucial point to note is that the law doesn’t extend to job applicants in the construction and building trades. While this may seem like an exception, it’s crucial to recognize certain professions’ unique safety concerns and legal obligations.

    Off-The-Clock Freedom

    One of the most exciting aspects of this legislation is its provision to protect individuals from being penalized due to off-the-clock marijuana use. This means that, within the bounds of the law, you can enjoy your personal time without fear of workplace consequences. This change will likely boost morale, reduce stress, and enhance job satisfaction for countless California workers who indulge in the recreational use of marijuana.

    Steering Towards Progress

    This law signifies California’s commitment to align with the evolving views on marijuana, both for medical and recreational purposes. As more states across the U.S. continue to relax their cannabis laws, California stands out as a pioneer in safeguarding workers’ rights, demonstrating a dedication to creating a more inclusive and tolerant work environment.

    Feeling Overwhelmed Yet?

    In California, the changing landscape of employment laws, especially regarding marijuana use, has presented additional challenges for small business owners. Fortunately, a professional employer organization (PEO) like Group Management Services (GMS) is here to help. Small business owners can lean on GMS to remain compliant, allowing them to focus on what truly matters – growing their business and nurturing their employees. As we embrace this new employment era in California, GMS’ HR experts stand ready to provide small business owners with the resources, knowledge, and peace of mind they need to flourish in an ever-changing world. Contact us today to learn more.

  • In a historic move, the state of Michigan has ushered in a new era of employment opportunities for its citizens. As of October 1st, 2023, a groundbreaking rule change has come into effect, one that has the potential to reshape the employment landscape for many prospective state workers.

    The Rule Change

    The rule, adopted by the Michigan Civil Service Commission in July, marks a significant shift in attitudes towards marijuana use and its impact on employment. Under this new rule, conditional offers of employment to new hires for positions not subject to random drug testing can no longer be rescinded solely based on marijuana positivity. This step represents a crucial stride towards ensuring fairness and equity in the workplace, particularly as the legal landscape surrounding marijuana continues to evolve.

    Acknowledging Changing Attitudes

    The Michigan Civil Service Commission’s decision reflects a growing recognition of the changing societal attitudes toward marijuana. With the legalization of recreational marijuana in the state, it’s only natural that employment policies adjust to reflect this transformation. This forward-thinking approach acknowledges that marijuana use should not automatically disqualify job candidates from employment opportunities unrelated to safety-sensitive concerns.

    Ensuring Safety

    It’s essential to emphasize that the ban on pre-employment marijuana screening does not equate to a free pass for marijuana use in the workplace. Michigan has taken a careful and measured approach, ensuring that safety-sensitive positions and critical roles remain subject to pre-employment testing for marijuana. This includes individuals operating specific vehicles, equipment, and machinery, where impairment could pose a significant risk to public safety. Law enforcement positions, health care workers, and prison employees will continue to be subject to these screenings.

    Responsibility And Consequences

    Moreover, the rule change does not give employees carte blanche to use marijuana without consequences. Workers must still adhere to responsible consumption practices, especially regarding safety-sensitive roles. If an employee is found to have impaired levels of drugs or alcohol, including marijuana, while on the job, disciplinary actions and potential termination remain valid options. This ensures that while personal freedoms are respected, workplace safety is not compromised.

    A National Trend

    Implementing this rule demonstrates Michigan’s commitment to fair and inclusive hiring practices. It acknowledges that a positive marijuana test result does not necessarily correlate with job performance or safety concerns for every role. By reevaluating its stance on pre-employment marijuana screenings, the state sets an example for the nation and paves the way for more progressive employment policies.

    The PEO Advantage

    Michigan businesses are navigating uncharted waters in this changing landscape of employment policies and regulations. This is where a professional employer organization (PEO) can play a pivotal role. PEOs like Group Management Services (GMS) offer comprehensive HR solutions that can help businesses in Michigan adapt to the evolving legal environment, including the recent ban on pre-employment marijuana screenings. They can provide guidance on compliance, offer drug testing programs tailored to safety-sensitive positions, and assist with employee relations and disciplinary matters. Partnering with GMS allows business owners to ensure they remain competitive, compliant, and focused on their core operations while leaving the complexities of HR management to the experts. Contact us today to learn more.