Most states have taken steps to legalize cannabis, whether recreationally, medicinally, or through decriminalization. Additionally, in May, the federal government took a significant step toward rescheduling marijuana to the less stringent Schedule III category.
This is today’s reality, and with that comes a new set of problems for employers. Issues like smelling marijuana in bathrooms, break rooms, or on an employee are now common. Legalization of these drugs appears to have made employees a little bolder in their actions, or they simply don’t see the problem with marijuana use anymore. The question is: what can you do about it?
Do I smell marijuana?
Like alcohol, using cannabis products at work can be prohibited by an employer, even in the case of medicinal purposes. If you smell marijuana in the office, then the first step will be determining who the culprit is, if possible. That’s easy if you smell it directly on the person; less easy if it’s an odor coming from the bathroom. You may need to investigate to get to the bottom of it.
If you can’t confirm the person, then you may need to issue a warning to the entire team. When addressing them, tell them what you’ve noticed, express that anyone who is partaking in cannabis use during work must stop immediately, remind them of your drug and alcohol policy (if you have one, and if you don’t, you must rectify that), and warn them that violators will be disciplined up to and including termination.
If you can confirm the exact person, then you can address them one-on-one. Start by sharing what you’ve noticed or witnessed or share what’s been reported to you from other employees. Be specific. For example, “Today at 9:45 a.m., you came out of the bathroom, and I immediately went in to use it. When I entered, I smelled marijuana.” Allow them to respond. Do not rush their response, even if the silence is uncomfortable. Once they’ve responded, you can decide how to best move forward. Some will own up to their actions, and many will deny it.
How you act in response to their admission, or lack thereof, may depend on how strong your evidence is against them. If it’s undeniable they were using while at work, the path forward may be clearer and more direct, whereas less evidence will leave the situation in the grey area and, thus, harder to manage.
Your choices for acting on marijuana use
- Write them up/issue a firm warning—give them another chance.
- Suspend them pending further investigation.
- Terminate their employment.
- Some combination of the above.
What you do may also depend on their performance otherwise. Are they an exceptional employee, or are they mediocre and you’ve wanted them gone for a while? You get to decide where you land moving forward—an immediate firing is a choice, not a requirement.
Drug testing for cannabis use
Since this article is about addressing specific smells in the practice, drug testing is not the answer, nor is it necessary. Given that cannabis can be in someone’s system for up to a month, a drug test won’t prove it just occurred in the bathroom at your practice. And if you or your employees have evidence that the smell is from a particular employee, then a drug test is simply not needed.
Moreover, your ability to drug test for cannabis for any reason will vary from one state to the next. Thus, if you’re going to drug test your employees, be sure you are cleared to do so under any applicable laws in your state.
There’s no going back on the shift we’ve made culturally toward greater acceptance of cannabis use. What we can do is confront the problems that arise during the workday. Luckily, no law has taken away the ability to deny access to these drugs during work time, or to act on it when it occurs.
Editor's note: This article appeared in the September 2024 print edition of Dental Economics magazine. Dentists in North America are eligible for a complimentary print subscription. Sign up here.
