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Jay Zweig, Ballard Spahr. Courtesy Photo Jay Zweig, Ballard Spahr. Courtesy Photo

In the November 2020 elections, Arizona, New Jersey and South Dakota passed laws regarding marijuana. The uneven approach to marijuana use, growing and possession puts in-house counsel at national organizations in an employment law quandary: How should workplaces view and treat marijuana use among their workforces when there isn’t an even and consistent national approach?

The right resolution depends on the employer, the employer’s state and the employer’s specific circumstances, of course. In this article, I will take a short look at the new laws in Arizona, New Jersey, and South Dakota before outlining a general approach prudent national employers may want to consider.

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