Information provided is current as of August 9, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
Possession/Personal Use Specifics
Adults 21+ can legally possess up to one ounce of cannabis or five grams of hashish in public. At home, you can possess up to two ounces of cannabis and ten grams of hashish, grow up to four mature marijuana plants and eight immature plants at home. Cultivation must be hidden from public view and secure to prevent access by minors.
Smoking or consuming marijuana in public is illegal. This includes parks, sidewalks, and even private property that is open to the public.
State Regulatory Agency Information
State Forms (If Applicable)
None Specified
State Testing Policy
General Information
While Vermont permits drug testing under reasonable suspicion laws or for some safety-sensitive jobs, random testing is prohibited.
Remember, establishing robust documentation is a key risk mitigant for employers in states like Vermont.
Safety-Sensitive Positions
Vermont doesn't have a singular, official definition of
"safety-sensitive positions" when it comes to drug testing. Instead, they emphasize a case-by-case approach based on potential harm. Positions where negligence could cause serious injury or property damage are generally considered safety sensitive.
Privacy Laws
Vermont law severely restricts employer drug testing. Random or company-wide drug tests are generally prohibited unless specifically required by federal law. Employers can only test employees with probable cause or after a conditional job offer.
Recommended Procedures
Does the state have recommended procedures?
It is always recommended to have standardized documentation and training procedures and regular employee evaluations to set clear performance expectations.
Vermont law severely restricts workplace drug testing, allowing only reasonable suspicion testing with strict conditions, while offering limited guidance for employer-developed impairment programs, necessitating legal counsel for compliance.
State Employee Procedures and Policies
All classified employees, as well as exempt, appointed, temporary and contractual, with the Executive Branch of the State of Vermont participate in the
Federal Drug Free Workplace program.
Protections for Use Outside Workplace/Work Hours
Is Vermont a "Right to Weed State"?
While Vermont has legalized recreational marijuana, it's still considered an illegal substance under federal law. Many employers maintain drug-free workplace policies, and a positive drug test can be grounds for termination.
More Detailed Information
State Requirements for Drug & Alcohol Testing Program
Testing Policy Requirements
Main Requirement
In Vermont, drug testing requires reasonable suspicion or involvement in safety-sensitive jobs, and random testing is banned. While employers have some leeway, strict regulations and individual considerations are crucial to avoid legal challenges.
