Eleven states and the District of Columbia have legalized recreational marijuana use as of 2020: Alaska,

California, Colorado, Illinois, Maine, Massachusetts,

Michigan, Nevada, Oregon, Vermont, and Washington.

Another 33 allow for medical marijuana use.

Both recreational and medical marijuana use are still deemed illegal by the federal government, however.¹⁸²

As a result, some employers screen employees for marijuana use, even in states where it is permissible.

This is particularly true for employers that contract with the federal government and certain positions deemed “safety-sensitive,” such as commercial drivers and heavy equipment operators. Some states that allow for marijuana use have pushed back. For example,

Nevada enacted a law in 2020 protecting employees from discrimination solely on the basis of marijuana use.¹⁸³

The Case You work in a state where it is illegal to use marijuana recreationally, and your employer has a zero-tolerance policy regarding the use of drugs. You also are a supervisor at a telephone call center and have very positive relationships with members of your work team and your manager. Blake is a member of your work team.

Blake invited you to his birthday party at his home,

and you happily agreed to attend. During the party,

you walked out to the backyard to get some fresh air and noticed that Blake and several other employees of your company were smoking marijuana. None of these individuals have prescriptions for medical marijuana.

You have been told on several occasions by members of your own work team that these same individuals have used marijuana at other social events.

Although Blake is a member of your work team, the other smokers are not. You don’t really feel any need to tell management about these people smoking pot because you have never noticed their being impaired at work. At the same time, you feel conflicted because your employer takes a hard stand against the use of any drugs. If the company found out that you knew about their smoking, it could adversely affect your career. The company expects managers to act with honesty and integrity and to be forthright with senior management.

The following week you receive an e-mail from the vice president of human resources to evaluate Blake for a promotion to a supervisory position. Blake is one of three people being considered. You have a great relationship with the VP, but you know he takes a hard line on drug use. At the same time, you believe Blake is a good employee, but you wonder whether his smoking marijuana shows bad judgment for someone being considered for a managerial position at the company. As you close the VP’s e-mail, you begin to consider how to respond.

Questions

As Blake’s supervisor, what would you do?

1. I would not tell the vice president of human resources about Blake’s drug use. He’s doing a good job and I have not seen any impairment.

2. I would tell the vice president of human resources about the incident in which I observed Blake smoking marijuana, but I also would reinforce that he is a good performer. My gut feeling is that I need to honor the company’s zero-tolerance policy on drug use.

3. I would talk to Blake. I would explain my predicament and then ask him about the frequency of his drug use. If Blake promised to stop smoking marijuana,

I would not tell the vice president of human resources about the incident.

4. Invent other options. Discuss.