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.

Brandon Calton admitted to the United States District Court of Connecticut

June 10, 2025
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.

Federal Court Vacates EEOC’s “Abortion Accommodation Mandate” in PWFA

By Heather Child • June 9, 2025
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation.  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.