Medical & Recreational Marijuana Laws
View a state-by-state overview of current marijuana laws, including the legal status of medical and recreational use, employment-related policies, and expungement provisions.
This content is provided for informational purposes only and does not constitute legal advice.
Medical Marijuana – Legal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Alabama, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana, even if
they have a medical prescription.
Expungement Laws
Some non-violent felony and misdemeanor charges may be
eligible for expungement, but there is no automatic expungement for
marijuana-related offenses. Individuals must petition the court for
consideration.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Alaska, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
However, medical marijuana users cannot be disciplined for
failing a drug test, provided it does not affect their work, and they are not
using their medication on workplace premises.
Expungement Laws
Alaska does not automatically expunge or seal
marijuana-related convictions; individuals must actively pursue legal action to
clear their records.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Arizona, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
particularly if impairment during work hours or a safety-sensitive position is
involved.
However, medical marijuana users cannot be disciplined for
failing a drug test, provided they do not possess or consume their medication
on workplace premises.
Expungement Laws
Certain marijuana-related offenses are eligible for
expungement in Arizona. Individuals seeking expungement must file a petition
with the court.
Medical Marijuana – Legal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Arkansas, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
However, medical marijuana users cannot be disciplined for
failing a drug test, provided they are not using their medication on workplace
premises; with the exception of safety-sensitive positions.
Expungement Laws
Arkansas does not have automatic expungement for marijuana-related
offenses. Individuals seeking expungement must file a petition with the court
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
AB 2188 (2022) and SB 700 (2023) in California protect
employees from being fired or disciplined for testing positive for cannabis
metabolites, with certain exceptions. These exceptions apply to industries like
building and construction, positions requiring federal background checks or security
clearances, and cases involving federal law conflicts. Additionally, SB 700
prohibits employers from penalizing employees or job candidates for off-duty
marijuana use or prior marijuana-related criminal history, with similar
exceptions.
Expungement Laws
California law allows for the modification or dismissal of
certain prior convictions that are no longer considered criminal offenses.
Individuals with past marijuana-related convictions may be eligible for
expungement or reduction.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Colorado, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Expungement Laws
Certain marijuana-related offenses committed prior to
legalization may still appear on criminal records. Expungement or sealing of
these records can be pursued under specific conditions.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Connecticut, employers may implement policies prohibiting
the possession, use, or consumption of cannabis by employees, both during and
outside of work hours.
Employers are permitted to require prospective employees to
submit to drug tests as part of the hiring process, provided the applicant is
informed of this requirement at the time of application. However, employers
cannot refuse to hire or discipline someone solely based on their status as a
medical marijuana user.
Expungement Laws
Connecticut’s legalization of recreational marijuana does
not automatically expunge or seal past marijuana-related convictions.
Individuals seeking to clear their records must actively pursue legal avenues.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Delaware, employers may implement policies prohibiting
the possession, use, or consumption of cannabis by employees, both during and
outside of work hours.
Delaware law protects registered medical marijuana patients
from disciplinary action for testing positive for marijuana in a workplace drug
test, unless the employee was impaired by marijuana at the workplace
Expungement Laws
Delaware’s decriminalization measure removed criminal
penalties for possession of less than one ounce of marijuana. While previous
records may not be automatically expunged, individuals can apply for
expungement through the courts.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In DC, employers may only test prospective employees for
marijuana use after extending a conditional offer of employment, unless
otherwise mandated by law.
The Cannabis Employment Protections Amendment Act of 2022
prohibits employers from taking adverse actions against employees or applicants
based solely on their use of cannabis, participation in medical cannabis
programs, or positive cannabis test results without additional evidence of
impairment. Exceptions apply to positions designated as safety-sensitive.
Expungement Laws
Individuals with certain marijuana offenses may be eligible
to have their records sealed or expunged. The specifics depend on the nature of
the conviction and other factors.
Medical
Marijuana – Legal
Recreational
Marijuana – Illegal
Employment Drug Screening Laws
In Florida, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Expungement Laws
Expungement of prior convictions for possession does not
occur automatically; individuals must petition the court to have such records
expunged.
Medical Marijuana – CBD Oil Only
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Georgia, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana depending
on their workplace drug policy.
Expungement Laws
Expungement of prior convictions for marijuana possession
does not occur automatically. Individuals seeking to clear their records must
actively pursue legal avenues.
Medical
Marijuana – Legal
Recreational
Marijuana – Illegal
Employment Drug Screening Laws
In Hawaii, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Expungement Laws
Expungement eligibility for marijuana-related offenses
depends on various factors, including the nature of the offense and the
individual’s criminal history.
Medical
Marijuana – Illegal
Recreational
Marijuana – Illegal
Employment Drug Screening Laws
In Idaho, employers can enforce drug-free workplace policies
and may discipline employees who test positive for marijuana. However,
individuals have the right to explain a positive test result.
Expungement Laws
Expungement eligibility for marijuana-related offenses
depends on various factors, including the nature of the offense and the
individual’s criminal history.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Illinois, disciplinary actions related to cannabis must
be based on impairment or inability to perform job duties at work. Employers
can enforce drug-free workplace policies and may discipline employees who test
positive for marijuana depending on their drug policy.
Expungement Laws
Illinois law allows for the expungement of certain
marijuana-related offenses.
Medical Marijuana – CBD Oil Only
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Indiana, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
Expungement Laws
Currently, Indiana does not have provisions for expunging
marijuana-related offenses from criminal records.
Medical Marijuana – CBD Oil Only
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Iowa, employers can enforce drug-free workplace policies
and may discipline employees who test positive for marijuana, regardless of
medical authorization
Expungement Laws
Currently, Iowa does not have provisions for expunging
marijuana-related offenses from criminal records.
Medical
Marijuana – Illegal
Recreational
Marijuana – Illegal
Employment Drug Screening Laws
In Kansas, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
Expungement Laws
Currently, Kansas does not have provisions for expunging
marijuana-related offenses from criminal records.
Medical Marijuana – Legal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Kentucky, employers can enforce drug-free workplace policies
and may discipline employees who test positive for marijuana, regardless of
medical authorization.
Expungement Laws
Kentucky law provides for the expungement of certain
misdemeanors, violations, and traffic infraction records of convictions and
dismissed or amended charges.
Medical
Marijuana – Legal
Recreational
Marijuana – Illegal
Employment Drug Screening Laws
In Louisiana, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
However, Louisiana law protects employees with a valid
medical marijuana recommendation from adverse employment actions based solely
on a positive drug test.
Expungement Laws
Louisiana has provisions to expunge certain
marijuana-related criminal records.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Maine, employers cannot refuse to hire or penalize
someone solely for being a qualifying medical marijuana patient. Employers are
not required to allow marijuana use at work and can enforce workplace
restrictions. This does not apply to safety-sensitive positions.
Expungement Laws
Individuals with convictions for marijuana possession and
cultivation, where such acts have since been legalized, can petition for their
records to be sealed.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Maryland, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Expungement Laws
Maryland initiated automatic expungement of convictions
solely for cannabis possession.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Massachusetts, employers are required to accommodate
employees who use medical marijuana for disabilities. Employees cannot be fired
for off-duty marijuana use resulting in a positive drug test. Additionally,
employers cannot discriminate against job applicants with medical marijuana
cards.
However, employees may be subject to disciplinary action if
they are found to be using or under the influence of marijuana during work
hours.
Expungement Laws
Massachusetts issued pardons for all misdemeanor marijuana
possession convictions that occurred prior to March 13, 2024. Individuals with
certain marijuana-related offenses on their criminal records may be eligible to
petition for expungement.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Michigan, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Employers can perform pre-employment drug testing for
marijuana, but they cannot reject a job applicant solely based on a positive
THC test if the applicant has a valid medical marijuana prescription.
Expungement Laws
Under Michigan’s new expungement law, individuals convicted
of marijuana-related offenses that would not be illegal after December 6, 2018,
can petition the court to set aside their conviction.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Minnesota, employers may continue pre-employment or
routine cannabis testing for certain positions, including safety-sensitive
roles.
Employers are prohibited from discriminating against
individuals solely based on their status as medical cannabis patients. However,
employers may take action if an employee is impaired by medical cannabis during
work hours or on work premises
Expungement Laws
Minnesota’s legalization law includes provisions for the
automatic expungement of certain low-level marijuana offenses.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Mississippi, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Expungement Laws
The Mississippi Medical Cannabis Act does not address
expungement of past marijuana-related offenses.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Missouri, employers are prohibited from taking adverse
employment actions against current or prospective employees solely based on a
positive drug test for medical marijuana, provided the consumption occurred
off-duty and not on the employer’s premises.
Expungement Laws
Amendment 3 includes provisions for expunging certain
nonviolent marijuana-related offenses from criminal records.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Montana, employers can enforce drug-free workplace
policies and conduct drug testing for marijuana. However, they cannot
discriminate against employees for legal off-duty cannabis use unless it
impacts performance or safety. Stricter policies apply to safety-sensitive
roles.
Employers cannot take adverse actions if employees provide
valid medical proof that a positive test result wasn’t due to illegal marijuana
use.
Expungement Laws
Certain marijuana-related offenses that are now legal or
decriminalized can be petitioned for expungement, resentencing, or
redesignation as civil infractions.
Medical
Marijuana – Legal
Recreational
Marijuana – Illegal
Employment Drug Screening Laws
In Nebraska, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Expungement Laws
A bill to address expungement of certain marijuana-related
offenses is under review.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Nevada, employers can enforce drug-free workplace
policies prohibiting marijuana use in the workplace.
However, medical marijuana users cannot be disciplined for
failing a drug test, provided they are not using their medication on workplace
premises; apart from safety-sensitive positions.
Expungement Laws
Nevada has not enacted a comprehensive expungement law
specifically for marijuana-related offenses.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In New Hampshire, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
The New Hampshire Supreme Court ruled that employers must
consider reasonable accommodations for medical cannabis patients, including
adjustments to drug testing policies, under the state’s discrimination laws –
provided they are not using it in the workplace.
Expungement Laws
Individuals with past possession offenses may be eligible
for expungement.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In New Jersey, employers can maintain drug-free workplace
policies and take action against employees who are impaired by cannabis during
work hours.
New Jersey law prohibits employers from refusing to hire or
firing employees solely for engaging in off-duty cannabis use, provided they
are not impaired during work hours.
Expungement Laws
The Marijuana Decriminalization Law mandated the expungement
of certain marijuana and hashish offenses from criminal records.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In New Mexico, employers can maintain drug-free workplace
policies and take action against employees who are impaired by cannabis during
work hours or who test positive for marijuana.
However, the law does not permit discrimination against
employees solely for engaging in off-duty marijuana use, provided they are not
impaired during work hours and with the exception of safety-sensitive
positions.
Expungement Laws
New Mexico enacted the Cannabis Regulation Act and the
Criminal Records Expungement Act, facilitating the expungement of certain
marijuana-related convictions.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In New York, employers can maintain drug-free workplace
policies and take action against employees who are impaired by cannabis during
work hours.
However, they cannot discriminate solely based on an
individual’s legal use of cannabis outside of work hours
Expungement Laws
Under the MRTA, certain marijuana-related convictions are
automatically expunged. Individuals with convictions not automatically expunged
can file a petition for expungement.
Medical Marijuana – Illegal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In North Carolina, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
Expungement Laws
Individuals with dismissed or “not guilty” charges
may qualify for automatic expunction. However, convictions, including those
related to marijuana possession, require a petition-based expunction process.
Medical Marijuana – Legal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In North Dakota, employers can maintain drug-free workplace
policies and take action against employees who are impaired by cannabis during
work hours.
However, they cannot discriminate against medical marijuana
use if it considered a disability under the Americans with Disabilities Act
(ADA).
Expungement Laws
North Dakota offers limited opportunities for expunging
criminal records.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Ohio, employers can enforce drug-free workplace policies
and may discipline employees who test positive for marijuana, regardless of
medical authorization.
However, they cannot discriminate against medical marijuana
use if it considered a disability under the Americans with Disabilities Act
(ADA).
Expungement Laws
Individuals seeking expungement must file a petition in the
court where the conviction occurred.
Medical
Marijuana – Legal
Recreational
Marijuana – Illegal
Employment Drug Screening Laws
In Oklahoma, employers can maintain drug-free workplace
policies and take action against employees who are impaired by cannabis during
work hours.
However, they cannot discriminate solely based on an
individual’s legal use of cannabis outside of work hours
Expungement Laws
Oklahoma enacted a law providing for the automatic
expungement of certain criminal records, including eligible marijuana-related
offenses.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Oregon, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Expungement Laws
Senate Bill 397, significantly reformed Oregon’s expungement
laws, making it easier for individuals to expunge certain criminal convictions,
including marijuana-related offenses.
Medical Marijuana – Legal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Pennsylvania, employers can maintain drug-free workplace
policies and take action against employees who are impaired by cannabis during
work hours.
While they cannot discriminate against employees solely for
being registered medical marijuana patients, they are not required to
accommodate on-site use during work hours.
Expungement Laws
Legislative initiatives are underway to address expungement
of certain marijuana-related convictions
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
In Rhode Island, employers may maintain drug-free workplace
policies and are not required to accommodate cannabis use during work hours or
in the workplace.
However, they cannot discriminate solely based on an
individual’s legal use of cannabis outside of work hours.
Expungement Laws
The Rhode Island Cannabis Act mandates the automatic
expungement of certain marijuana possession convictions.
Medical Marijuana – Illegal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In South Carolina, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
Expungement Laws
Individuals seeking expungement of marijuana-related
convictions must meet specific criteria.
Medical Marijuana – Legal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In South Dakota, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana, regardless
of medical authorization.
Expungement Laws
South Dakota offers limited opportunities for expungement of
criminal records, primarily focusing on misdemeanors and certain non-violent
felonies.
Medical Marijuana – CBD Oil Only
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Tennessee, employers can enforce drug-free workplace
policies. Employees have the right to contest or explain positive test results.
Expungement Laws
Tennessee allows for the expungement of certain non-violent
misdemeanor offenses, including some marijuana-related convictions.
Medical Marijuana – CBD Oil Only
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Texas, employers can enforce drug-free workplace policies
and may discipline employees who test positive for marijuana, regardless of
medical authorization.
Expungement Laws
Texas law allows for the expungement of certain criminal
records, but options for marijuana-related offenses are limited.
Medical
Marijuana – Legal
Recreational
Marijuana – Illegal
Employment Drug Screening Laws
In Utah, employers can enforce drug-free workplace policies
and may discipline employees who test positive for marijuana, regardless of
medical authorization.
Employers are prohibited from discriminating against
employees solely based on their status as medical marijuana patients, but they
are not obligated to accommodate marijuana use during work hours.
Expungement Laws
Utah’s Clean Slate law automatically clears certain criminal
records, including specific marijuana offenses, for individuals who have
remained conviction-free for a designated period.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Vermont, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana,
regardless of medical authorization.
Vermont law permits employers to conduct drug testing under
specific conditions. However, they must adhere to state guidelines to ensure
that such testing is not discriminatory or invasive.
Expungement Laws
Beginning October 1, 2025, certain misdemeanor arrests and
convictions, including specific marijuana-related offenses, will be eligible
for automatic sealing.
Medical
Marijuana – Legal
Recreational
Marijuana – Legal
Employment Drug Screening Laws
In Virginia, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana, regardless
of medical authorization.
Expungement Laws
Beginning October 1, 2025, certain misdemeanor arrests and
convictions, including specific marijuana-related offenses, will be eligible
for automatic sealing.
Medical Marijuana – Legal
Recreational Marijuana – Legal
Employment Drug Screening Laws
Senate Bill 5123 prohibits most employers from making hiring
decisions based on an applicant’s off-duty cannabis use or positive
pre-employment tests detecting nonpsychoactive cannabis metabolites. Exceptions
exist for safety-sensitive positions, such as law enforcement, emergency
services, and roles requiring federal background checks.
Expungement Laws
Individuals with certain misdemeanor marijuana possession
convictions can petition to vacate their records, effectively removing them
from public view.
Medical Marijuana – Legal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In West Virginia, employers can enforce drug-free workplace
policies prohibiting marijuana use in the workplace.
However, medical marijuana users cannot be disciplined for
failing a drug test, provided they are not using their medication on workplace
premises.
Expungement Laws
West Virginia law allows individuals to petition for the
expungement of certain misdemeanor and felony convictions, provided they meet
specific criteria.
Medical Marijuana – CBD Oil Only
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Wisconsin, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
Expungement Laws
Wisconsin does not have a general expungement statute for
marijuana-related offenses.
Medical Marijuana – Illegal
Recreational Marijuana – Illegal
Employment Drug Screening Laws
In Wyoming, employers can enforce drug-free workplace
policies and may discipline employees who test positive for marijuana.
Expungement Laws
Wyoming does not have a general expungement statute for
marijuana-related offenses.
