Missouri voters passed Amendment 3 to the Missouri Constitution, which legalized recreational and medicinal marijuana in the state of Missouri. The amendment took effect on December 8, 2022. The amendment does not provide any employment rights to users of recreational marijuana. Missouri employers can still prohibit and take an adverse employment action on the basis of recreational marijuana.
However, employers are now prohibited from discriminating against an employee with a medical marijuana card because he or she:
possesses a medical marijuana card;
lawfully uses marijuana off the employer’s premises during nonworking hours; or
tests positive for marijuana, unless the employee used, possessed, or was under the influence of marijuana while working.
The prohibitions against discrimination do not apply if compliance would cause the employer to lose a monetary or licensing-related benefit under federal law. The prohibitions also do not apply to positions in which the legal use of marijuana affects the ability to perform job-related employment responsibilities, affects the safety of others, or conflicts with a bona fide occupational qualification that is reasonably related to the person’s employment.