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November 2018 Midterm Election Results for use of Marijuana

Michigan, North Dakota, Utah, and Missouri all had marijuana initiatives on the midterm ballot.

The results follow:

Michigan

Approved the recreational use and possession of marijuana for anyone 21 years of age or older. Michigan will impose an excise tax of 10% on any recreational marijuana sales.

North Carolina

North Carolina voters rejected the recreational use of marijuana.

Utah

Voters passed the medical use of marijuana for qualifying illnesses. The Act requires qualifying patients to get a medical card from their physician. Once a patient secures the medical marijuana card, he or she will be allowed to purchase either two ounces of unprocessed marijuana or up to 10 grams of THC or cannabidiol (CBD) within any two-week period.

Missouri

Missouri voters approved the medical use of marijuana. A 4% tax will be imposed on medical marijuana sales.

Current Status of Marijuana Nationwide

In light of this week’s voting, there are now 33 states with legalized marijuana use for medical purposes; 10 of those allow recreational marijuana use. Washington D.C. likewise allows recreational and medical use of marijuana. Puerto Rico and Guam allow for the medical use of marijuana.

Under the federal Drug Free Workplace Act, however, marijuana is still illegal under federal law. Thus employers largely are allowed to maintain drug testing and policies that prohibit employees from being at work with marijuana in their system. In analyzing an employee's use of medical marijuana, we caution you to be cognizant of the Americans with Disability Act.

Medical Marijuana Legal: Alaska*, Arizona, Arkansas, California*, Colorado*, Connecticut, Delaware, D.C.*, Florida, Georgia, Hawaii, Illinois, Maine*, Maryland, Massachusetts*, Michigan*, Minnesota, Missouri, Montana, Nevada*, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon*, Pennsylvania, Rhode Island, Utah, Vermont*, Washington*, and West Virginia. 

Limited protections for cannabidiol (CBD) only: Indiana, Iowa, Tennessee, Virginia, and Wisconsin.

For questions about how this might impact your workplace, contact a member of Barrett McNagny's Labor and Employment team. 

* Also allow recreation use. 

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