Employers oppose legalized marijuana; cite uncertainty and insurance concerns

A majority of employers reached in a new survey would vote against a law to regulate marijuana like alcohol.

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By State House News Service

Joining sheriffs and hospitals that have already declared their opposition to legalizing adult use of marijuana, employers are also coming out against the likely 2016 ballot question.

Associated Industries of Massachusetts, the state's largest employer trade group, announced Monday that 62 percent of employers in their March business confidence survey said they would vote against a pot legalization referendum with 32 percent saying they would vote for it.

The proposed law would authorize individuals 21 and over to possess up to one ounce of marijuana outside of their home and up to ten ounces in their residences. It calls for taxes on marijuana sales and creates a Cannabis Control Commission to handle regulation and licensing. On track for a vote in November, the law's effective date is Dec. 15.

AIM reported Monday that its opposition stems from the "considerable uncertainty" over their legal rights and obligations should marijuana become legal under state law and remain illegal under federal law.

"How will an employer respond to a worker operating heavy equipment on a job site under the influence of marijuana? Many jobs, particularly those in safety-sensitive fields like transportation or manufacturing, must adhere to federal regulations that still prohibit the use of any substance that creates impairment," AIM Executive Vice President of Government Affairs John Regan wrote in a blog post.

Favorable workers' compensation rates are substantiated by testing employees for drugs, and employers could lose access to those rates if workers are legally using marijuana on their personal time, AIM said.

A recent story from the Worcester Business Journal looked into how employers regulate marijuana use in state's that have already legalized marijuana and what employers can do to create policy to protect themselves.