Connecticut Passes Law Legalizing Cannabis

July 1, 2021

Connecticut passed a new law legalizing cannabis. Effective July 1, 2021, individuals will be able to lawfully possess, use, and consume recreational cannabis.


Smoking Restrictions

The law contains provisions restricting smoking that will affect employers. These provisions will go into effect October 1, 2021.

All employers must ban smoking and the use of electronic nicotine and cannabis vaping products in any area of their facility. Employers can no longer designate a smoking room for employees. The law applies to the inside of buildings as well as 25 feet from any doorway, window, or vent. Exceptions are limited and include tobacco or cannabis research facilities and specific licensed establishments. Employers also have the option to designate their entire property as a nonsmoking area.


Employment-Related Provisions

Another section of the law contains several provisions that will affect employers and their employment policies. These provisions will be effective July 1, 2022.


  • Employers can implement policies prohibiting the use of cannabis by employees, except for qualified patients under the state’s medical marijuana laws. Any such policy must be in writing and be made available to employees and prospective employees before it goes into effect.


  • Employers cannot terminate or take any adverse action against an employee because the employee uses cannabis outside the workplace, except when an employer has an established policy in place. 


  • Employers cannot terminate or take any adverse action against an employee or prospective employee for using cannabis prior to employment, unless it would put the employer in violation of a federal contract. 


  • The law affirms that employers have the right to maintain a drug and alcohol-free workplace and that employers may take adverse action when they have a reasonable suspicion of an employee’s cannabis use while working or when an employee shows “specific, articulable symptoms” of cannabis use while working. 


  • Employers can terminate or take adverse action against an employee after a positive drug test if the employer has a reasonable suspicion the employee is using cannabis at work, if the testing was part of an established random drug testing policy, or if the testing was for a prospective employee with a conditional job offer.


Certain employers are exempt, including: mining, utilities, construction, manufacturing, transportation/delivery, educational services, healthcare or social services, and justice, public order, and safety activities.


The law also exempts certain employee positions, including: firefighters, EMTs, police officers, positions requiring operation of a motor vehicle that requires drug testing under state or federal law, positions requiring certification of completion of a course in construction safety and health approved by OSHA, positions requiring supervision or care of children, medical patients or vulnerable persons, positions for which the law would conflict with federal law, positions funded by a federal grant, or if the provisions would conflict with an employment contract or collective bargaining agreement, and positions that an employer determines have the potential to adversely impact the health or safety of employees or the public.


Individuals aggrieved by an employer’s violation of the law can bring a civil action in superior court and may be awarded reinstatement their job or job offer, back pay, and attorney’s fees.

 

For any questions or concerns about this new Connecticut law, please contact the attorneys at The Royal Law Firm at 413-586-2288.

July 25, 2025
On June 27, 2025, the U.S. Supreme Court ruled in Trump v. CASA that federal district courts cannot block executive orders for the entire country. The Court held that such broad injunctions exceed the authority Congress granted under the Judiciary Act of 1789. Courts may now only stop enforcement for the parties in the case—not for everyone else. What Happened in the Case President Trump issued Executive Order 14160 in early 2025. It denies birthright citizenship to children born in the U.S. if neither parent is a citizen or lawful permanent resident. Multiple lawsuits followed. Three federal courts blocked the order nationwide. The Supreme Court disagreed. It sent the case back and told the lower courts to revise the injunctions to cover only the named plaintiffs. The Court did not decide whether the order itself violates the Constitution. It ruled only on how far a court’s injunction can reach. Why It Matters to Employers The ruling affects how quickly and widely federal courts can stop controversial policies, especially during fast-changing political cycles. Employers have often relied on national injunctions to pause new mandates on wages, workplace safety, pay transparency, and non-compete agreements. This decision limits that option. The Court said nothing about injunctions under the Administrative Procedure Act, which governs agency rules. But the opinion raises doubts about whether even those can continue on a nationwide scale. Justice Kavanaugh suggested they might, but the Court left that question for another day. What This Means for You No nationwide protection unless you sue If your business is not part of the case, you likely cannot rely on someone else’s win. You must litigate directly to get relief. Rules may take effect in one state and not another A federal court in Texas may block a rule, while a court in New York upholds it. National companies may face conflicting rules and inconsistent enforcement. Trade groups cannot shield you Even if your industry association wins an injunction, it may apply only to their members or to the parties named in the lawsuit. Older rulings may now shrink Past national injunctions—on vaccine mandates, non-compete bans, overtime rules, or joint-employer standards—could be challenged or narrowed based on this ruling. More class actions are likely Some plaintiffs may now push for class certification to restore broader relief. Employers could face more complex litigation as a result. Next Steps for Employers Identify any current or past rules your business has relied on that are being blocked nationwide. Confirm whether you were covered by name or just assumed you were protected. Reassess your risk exposure for pending federal actions under OSHA, the EEOC, the DOL, or the NLRB. Monitor APA-based injunctions to see whether courts continue to grant broad relief under that statute. Consider joining strategic litigation early if new executive orders or agency rules would harm your operations. You cannot assume another company’s lawsuit will protect you. The Court narrowed that path. To block a federal mandate, you may now need to act alone—or join the fight directly. Michael P. Lewis is an attorney at The Royal Law Firm with experience advising clients through the litigation process. Michael helps employers resolve workplace challenges with focus, precision, and judgment. He counsels and defends businesses across Massachusetts and Connecticut, handling matters involving discrimination, harassment, retaliation, wage and hour claims, restrictive covenants, and breach of contract. His practice includes litigation in state and federal courts and before administrative agencies. 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.