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:


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.


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 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. 

Barrett McNagny LLP

Legal Disclaimer

The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.

Any links to other websites are not intended to be referrals or endorsements of those sites.

Privacy Policy

Terms of Use

ADA Compliance

Transparency Cover Rule: Machine-Readable Files

Contact Us
My name is
and I am a(n)
seeking legal counsel in the area of 
me at
as soon as you can.

Thank you for contacting us!

A representative will be in touch with you shortly.

An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.