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Rhode Island Cannabis Act Signed on May 25, 2022

May 31, 2022

On May 25, 2022, Rhode Island became the 19th state to legalize recreational cannabis. The Rhode Island Cannabis Act (“the Act”) establishes a licensing process for recreational cannabis retailers and process for expunging prior convictions for cannabis possession. The Act also contains protections for employees that will affect employers.


Although cannabis is legal, employers are not required to accommodate the use or possession of cannabis, or being under the influence of cannabis, while in the workplace or performing work. The Act acknowledges that the boundaries of the workplace have expanded beyond the office and specifically includes remote work.


Employers cannot fire or take disciplinary action against an employee solely because they used cannabis outside the workplace. However, employers can discipline or fire and employees for coming to work “under the influence” of cannabis. There are three exceptions to this general rule:

  • The first exception is for circumstances where there is a collective bargaining agreement in place that prohibits cannabis use outside of work.
  • The second exception is for federal contractors or other employers subject to federal law, who could lose a monetary or licensing benefit for failing to implement a disciplinary policy for employee cannabis use or possession outside of work.
  • The third exception is for employees in jobs that are “hazardous, dangerous or essential to public welfare or safety.” For employees in these jobs, employers may adopt policies that prohibit the use of cannabis 24-hours before a scheduled work shift. The Act provides a non-comprehensive list of jobs that qualify which include: “operation of an aircraft, watercraft, heavy equipment, heavy machinery, commercial vehicles, school buses or public transportation; use of explosives; public safety first responder jobs; and emergency and surgical medical personnel.”


In the workplace, determining whether an employee is “under the influence” can be challenging. The Act does not provide a definition for the term, but it does provide “a person shall not be considered to be under the influence solely for having cannabis metabolites in his or her system.” Commonly available cannabis tests are not capable of measuring when someone last used cannabis, how much they used, or whether they are impaired. Additionally, Rhode Island prohibits random drug screening. In light of these challenges employers should consider trainings or guidelines for supervisors to help them identify employees who may be under the influence of cannabis while on the job.


Employers trying to manage these new developments should ensure they have clear drug use and drug testing policies and procedures that comply with the Act.


If your business has any questions regarding this topic, please contact the attorneys at The Royal Law Firm at (413) 586-2288.

Massachusetts’ Superior Court Judge Rules Recording in Workplace Admissible

February 19, 2025
The Massachusetts Superior Court found that Massachusetts’ wiretap statue does not bar employers from using allegedly illegally obtained recordings in civil proceedings. In a recent case, an employee claimed she was forced to resign. Plaintiff’s coworker recorded an argument between the Plaintiff and her supervisor without her consent and shared it with supervisors. The employee then sued for discrimination and retaliation, along with two counts for violation of the wiretap statute. Massachusetts is a two-party consent state but, in this case, it was found that the consent of only one party was needed because nothing in the Wiretap Statute bars the use of an allegedly illegally obtained communication in a civil proceeding. The court found that the provisions about the use of illegally obtained communications in evidence are limited to criminal trials. However, depending on the court, results may differ, as this recording was central to proving and/or disproving the Plaintiff’s claim, and as such, the recording was indispensable as a piece of evidence. Issues with unauthorized recordings have been arising all the time in civil proceedings because recording devices are everywhere, whether they be a cell phone, laptop or other recording device. This ruling is good for employers, as if there is an otherwise inadmissible recording that is made that disproves an employee’s claims, it can be admissible as evidence if meets the same scenario above. However, employers must be careful to use these recordings as they may be inadmissible and may not show the same thing that the employer believes in the court’s eyes. This being said, it is prudent to consult an attorney before utilizing a recording for any employment action or in legal action to avoid unwanted consequences. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

After the DEI Executive Order

February 14, 2025
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