Legal/Ethical Challenge Recreational Marijuana Use: A Manager's of your own work team that these same individuals Quandary have used marijuana at other social events. This challenge examines issues that may arise when co- Although Blake is a member of your work team, the workers smoke marijuana together outside work. We other smokers are not. You don't really feel any need to first provide background on the legalities of using mar- tell management about these people smoking pot be- ijuana before reviewing the case. cause you have never noticed their being impaired at work. At the same time, you feel conflicted because Legalities of Using Marijuana your employer takes a hard stand against the use of any Eleven states and the District of Columbia have legal- drugs. If the company found out that you knew about ized recreational marijuana use as of 2020: Alaska, their smoking, it could adversely affect your career. The California, Colorado, Illinois, Maine, Massachusetts, company expects managers to act with honesty and in- Michigan, Nevada, Oregon, Vermont, and Washing- tegrity and to be forthright with senior management. ton. Another 33 allow for medical marijuana use. The following week you receive an e-mail from the Both recreational and medical marijuana use are still vice president of human resources to evaluate Blake for a deemed illegal by the federal government, however. 182 promotion to a supervisory position. Blake is one of As a result, some employers screen employees for three people being considered. You have a great relation- ship with the VP, but you know he takes a hard line on marijuana use, even in states where it is permissible. This is particularly true for employers that contract drug use. At the same time, you believe Blake is a good with the federal government and certain positions employee, but you wonder whether his smoking mari- deemed "safety-sensitive," such as commercial drivers juana shows bad judgment for someone being considered for a managerial position at the company. As you close and heavy equipment operators. Some states that al- the VP's e-mail, you begin to consider how to respond. low for marijuana use have pushed back. For example, Nevada enacted a law in 2020 protecting employees from discrimination solely on the basis of marijuana SOLVING THE CHALLENGE use . 183 As Blake's supervisor, what would you do? The Case 1. I would not tell the vice president of human resources about Blake's drug use. He's doing a good job and I You work in a state where it is illegal to use marijuana have not seen any impairment. recreationally, and your employer has a zero-tolerance 2. I would tell the vice president of human resources policy regarding the use of drugs. You also are a super- about the incident in which I observed Blake smoking visor at a telephone call center and have very positive marijuana, but I also would reinforce that he is a good relationships with members of your work team and performer. My gut feeling is that I need to honor the your manager. Blake is a member of your work team. company's zero-tolerance policy on drug use. Blake invited you to his birthday party at his home, and you happily agreed to attend. During the party, 3. I would talk to Blake. I would explain my predica you walked out to the backyard to get some fresh air ment and then ask him about the frequency of his and noticed that Blake and several other employees of drug use. If Blake promised to stop smoking mari- your company were smoking marijuana. None of these juana, I would not tell the vice president of human individuals have prescriptions for medical marijuana. resources about the incident. You have been told on several occasions by members 4. Invent other options. Discuss