This month, businesses in Missouri will be permitted to sell recreational marijuana products. The permitted sales are one of the many changes that came about because of Constitutional Amendment 3, which legalized the recreational use of marijuana in Missouri. Notably, employers may still prohibit employees from working while under the influence of marijuana and may discipline, discharge, refuse to hire or otherwise take adverse employment action against an individual for their lawful use of recreational marijuana, even when such use occurs during non-work hours and off the employer’s premises.

With the increased availability of recreational marijuana products and the inevitable confusion some employees may have as to what is and is not permitted under Constitutional Amendment 3, it is a good time for employers to revisit their policies and messaging concerning drug and alcohol use and drug testing. Employers should be mindful of the dichotomy between recreational marijuana use and medical marijuana use.