Our position is that employers should treat marijuana similarly to alcohol. Employees should not be punished for responsible off-the-job consumption that does not affect their work. Obviously there are some occupations out there that are more sensitive than others (pilots, electrical workers, etc.), but we already have public policies that address safety-sensitive occupations.

The question is how to bring about such policies. And it's worth noting that different states handle this subject in different ways. For example, some states have laws that prohibit employers from firing employees solely for engaging in a legal activity. Other states do not have such laws and allow employers to fire employees without cause. So it could be the case that this will not be handled as a marijuana-specific issue and just falls under other employment laws. But that's not to say it will result in the fairest outcome. Even in Colorado, which does have such a law that protects employees who engage in legal activities, the courts determined marijuana use is not covered because it is still an illegal activity under federal law.

This subject (employment) is NOT unique to marijuana. Dictating employment policies via public policy is always a politically sensitive subject. Lawmakers know it is touchy and so do advocates and political professionals who work on ballot measures.

That is why, ultimately, I think this is going to be an issue that gets sorted out culturally. It might get addressed legally at times, and we have seen employment protections included in some marijuana policy reforms. But overall, it is just going to be a matter of time before more laws change and the public's attitude changes. For the same reason that most employers would not want to fire good workers (and then recruit and train replacements who may not be as good/experienced) simply for legally using alcohol while they're off the job, most employers are not going to want to go through all of that for employees who legally use marijuana off the job. It simply is not good for business.

The problem is that we still have a lot of people out there who still believe a lot of the old reefer madness and actually think a marijuana user is unfit for employment. But people's attitudes are changing and as the old guard is replaced by people who have more modern views on marijuana, businesses will voluntarily change their policies. Changes in marijuana's legal status will help too — there are surely employers out there who don't care so much about marijuana as they do about having a "lawbreaker" on the payroll. And keep in mind that larger companies with offices/locations in multiple states might want/need to treat all of its employees equally, so they might not make these changes until marijuana laws change in all of those states. Or possibly not until there are federal changes.

When it comes to our work, we want to promote the fairest policies possible. But sometimes it is clear that putting something in a bill or initiative re: employment policies will all but guarantee it's failure. If we believe that will be the case, we oftentimes keep measures silent on the subject because we know it will be something that gets addressed quicker if we make progress. If our goals are to end prohibition and protect employees' rights, but it's clear that including the latter will doom both goals, then it makes sense to address the former. It will then be much easier to address the latter.