Recently the Governor signed H.511 into law.  The bill, which was passed by the Legislature earlier in January, legalizes possession of up to one ounce of marijuana and cultivation of two mature marijuana plants and four immature plants. The bill falls short of more aggressive proposals to legalize and regulate the sale and purchase of marijuana and consumption in public. Nevertheless, this step forward in legalizing marijuana will continue to be an important issue for manufacturers and other employers. Among the many issues raised by this question are workplace safety and hiring challenges facing Vermont employers. This is especially acute for manufacturers and companies relying on government contracts.

Of particular concern, proposals under discussion to date have failed to address significant problems with Vermont's workplace drug testing laws.

The question of reforming workplace drug testing is part of the ongoing charge of the Governor’s Marijuana Advisory Commission, particularly in the report and recommendations due this coming December.  For more information on the commission, contact us at

AIV is conducting a confidential survey of employers to ensure that these issues are part of the ongoing debate on further steps and to identify additional issues. Responses to this survey will be used only in the aggregate.

We encourage you to complete this confidential survey, and please don't hesitate to contact us at if you want to discuss this matter further.

* Contact Information

* Your company's policies/experiences:

  Yes No
Does your company require drug testing for prospective hires?
Does your company have drug-free workplace policies?
Does your company have or pursue government contracts that would entail drug-free workplace requirements?
Has drug use ever been determined or suspected to be involved in a workplace accident at your facility?

* With Vermont legalizing marijuana, is your company concerned about any of the following consequences?

  Very Concerned Somewhat Concerned Not Concerned
Increased drug test failures for prospective hires
Increased risk of workplace accidents
Reduced competitiveness in seeking government contracts
Reduced investment in Vermont operations or production

* With Vermont legalizing marijuana, is your company likely to take any of the following steps?

  Yes No Need More Information
Add or enhance drug-free workplace policies covering marijuana
Eliminate or scale back existing drug-free workplace policies covering marijuana
Make no changes in response to legalization

* Do you believe that Vermont's drug testing laws should be changed to give employers greater flexibility and authority to conduct drug testing in the workplace?

* Would you support any of the following changes to Vermont's drug testing laws regarding employees?

  Yes No Need More Information
Allow testing based on "reasonable suspicion" rather than the current threshold of "probable cause"
Allow testing after workplace accidents
Allow testing after completion of employer-endorsed or -provided rehabilitation pograms
Allow testing in accordance with scheduled company-wide testing
Allow random testing
Allow discipline, including discharge, based on any initial or subsequent positive test
Make referral of employees who test positive to rehabilitation discretionary rather than the current mandatory requirement for employers

* From your company's perspective (not your personal perspective), what position, if any, would you take on Vermont's legalization of marijuana?

* Any additional comments, questions, or suggestions: