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Writer's pictureGabi

Puff puff at break time??

Smoking and/or consuming marijuana has been a challenging issue for employers, especially in the cannabis industry. With so many different ways to ingest this flower, it’s hard to prove an employee engaged in some extra activities while on their break.

Yes, employees need to be knowledgeable about the products being sold - but it is unlawful for an employee to be under the influence while on duty…getting caught may result in a Category III violation including, a 10-day suspension.

Yes, consuming marijuana is legal in the state of Oregon - it is still federally illegal. 

Yes, medical marijuana card holders can use while on duty - but the employee must be alone, in a closed room and not visible to others outside the room.

It can be tough to prove that cannabis is the culprit (unless you have video footage of the employee consuming on the premises - cars included). So, as an employer, what can you do? 

You can absolutely exercise your performance expectations and disciplinary action.

If an employee has left product out in the display case at closing, review the footage with the employee, explain the compliance policy that has been violated and exercise the appropriate level of disciplinary action. 

If an employee sells to a minor (ouch), review the footage, explain violation and apply your disciplinary policy. This one may go straight to a written warning, depending on your company policy. 

All in all, cannabis a amazing flower with many benefits… We are blessed to have access to so many great growers and such great quality BUT there is a time and place for everything. If an employee decides to partake during work hours and it’s compromising quality of work, apply your performance standards to the situation. If the situation is a little more messy, give us a call!


Yes, employees need to be knowledgeable about the products being sold - but it is unlawful for an employee to be under the influence while on duty…getting caught may result in a Category III violation including, a 10-day suspension.


Yes, consuming marijuana is legal in the state of Oregon - it is still federally illegal. 

Yes, medical marijuana card holders can use while on duty - but the employee must be alone, in a closed room and not visible to others outside the room.


It can be tough to prove that cannabis is the culprit (unless you have video footage of the employee consuming on the premises - cars included). So, as an employer, what can you do? 


You can absolutely exercise your performance expectations and disciplinary action.

If an employee has left product out in the display case at closing, review the footage with the employee, explain the compliance policy that has been violated and exercise the appropriate level of disciplinary action. 


If an employee sells to a minor (ouch), review the footage, explain violation and apply your disciplinary policy. This one may go straight to a written warning, depending on your company policy. 

All in all, cannabis a amazing flower with many benefits… We are blessed to have access to so many great growers and such great quality BUT there is a time and place for everything. If an employee decides to partake during work hours and it’s compromising quality of work, apply your performance standards to the situation.


If the situation is a little more messy, give us a call!


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