In 2023, the U.S. witnessed a significant trend: 8.3 million Americans became registered medical cannabis cardholders, while approximately 17% of the population engaged in cannabis use. This upward trajectory in cannabis consumption has prompted a legislative response from several states aimed at safeguarding the employment rights of individuals who use cannabis, whether for medical or recreational purposes. The underlying challenge is the enduring detectability of THC—the psychoactive element in cannabis—which can linger in the body for up to 30 days post-consumption, potentially leading to adverse employment consequences for individuals who are not impaired at work.

To address this issue, various states have enacted laws providing employment protections. These protections can be based on a positive drug test, as seen in Arizona, or on an individual’s status as a medical cannabis user, as noted in Illinois and Pennsylvania. Moreover, states like Nevada and New York mandate reasonable accommodations for medical cannabis users. Crucially, these statutes often empower affected individuals with the right to initiate legal action, marking a pivotal step in the enforcement of employment protections.