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Office of the Vermont Attorney General

Marijuana Law Guidance For Employers Released By AG

June 14, 2018

Contact: Emily Adams, Assistant Attorney General, (802) 828-3177

Vermont Attorney General TJ Donovan released guidance today aimed at assisting employers in navigating Vermont’s new recreational marijuana law. The law goes into effect on July 1, 2018. The guidance, entitled Guide to Vermont’s Laws on Marijuana in the Workplace, provides employers with an overview of the changes to Vermont’s marijuana laws, and summarizes existing employment laws relating to drugs in the workplace. A complete copy of the Guide to Vermont’s Laws on Marijuana in the Workplace can be found here.

This employer guidance is part of the Attorney General’s ongoing efforts to be responsive to the needs of Vermont businesses. It was drafted in part due to inquiries from businesses about how the new marijuana laws would affect the workplace. “The business community asked, and we answered,” said Donovan. “This is about working collaboratively with employers so that they can understand their obligations and rights under the law.” Tom Torti, President of the Lake Champlain Regional Chamber of Commerce stated, “The guidance announced today was developed in part due to a request from Chamber member businesses hoping to understand this new law. We appreciate Attorney General Donovan’s attention to businesses’ needs and the work of his office to develop it.”

The guidance addresses, among other issues, a Vermont employer’s right to prohibit the use of marijuana in the workplace and to require applicants and employees to submit to drug tests consistent with the limitations of existing state law, including testing for marijuana. It also describes a Vermont employer’s existing obligations regarding employees with disabilities, including those prescribed medical marijuana.

The Attorney General’s Office welcomes public input on the new guidance to ensure employers and employees have a fair chance to comply with their legal obligations and exercise their rights.  Comments or questions should be directed to the Vermont Office of the Attorney General, Civil Rights Unit, ago.civilrights@vermont.gov, (888) 745-9195 (toll free in Vermont), or (802) 828-3657.


Last modified: June 14, 2018