Sec. 21a-422p. Policies re employee possession, use or consumption of cannabis.

(b) (1) An employer may implement a policy prohibiting the possession, use or other consumption of cannabis by an employee, except (A) as provided in section 21a-408p , and (B) for possession of palliative cannabis by a qualifying patient under chapter 420f, provided such policy is: (i) In writing in either physical or electronic form, and (ii) made available to each employee prior to the enactment of such policy. The employer shall make any such policy available to each prospective employee at the time the employer makes an offer or conditional offer of employment to the prospective employee.

(2) (A) No employer shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other privileges of employment because such employee does or does not smoke, vape, aerosolize or otherwise use cannabis products outside of the workplace, unless such employment action is made pursuant to a policy established under subdivision (1) of this subsection.

(B) No employer shall discharge from employment or take any adverse action against any employee or prospective employee with respect to compensation, terms, conditions, refusal to hire or other privileges of employment because such employee or prospective employee had or had not smoked, vaped, aerosolized or otherwise used cannabis products outside of the workplace before such employee or prospective employee was employed by such employer, unless failing to do so would put the employer in violation of a federal contract or cause it to lose federal funding.

(c) Nothing in sections 21a-422o to 21a-422s , inclusive: (1) Requires an employer to amend or repeal, or affect, restrict or preempt the rights and obligations of employers to maintain a drug and alcohol-free workplace, or (2) shall limit an employer from taking appropriate adverse or other employment action upon (A) reasonable suspicion of an employee's usage of cannabis while engaged in the performance of the employee's work responsibilities at the workplace or on call, or (B) determining that an employee manifests specific, articulable symptoms of drug impairment while working at the workplace or on call that decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including, but not limited to, (i) symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment of machinery, (ii) disregard for the safety of the employee or others, or involvement in any accident that results in serious damage to equipment or property, (iii) disruption of a production or manufacturing process, or (iv) carelessness that results in any injury to the employee or others.

(d) (1) The provisions of subsection (b) of this section shall not apply to an exempted employer, an exempted employee or to any employee who holds or is applying for an exempted position.

(2) Nothing in sections 21a-422o to 21a-422s , inclusive, shall limit or prevent an employer from subjecting an employee or applicant to drug testing or a fitness for duty evaluation, or from taking adverse action, including, but not limited to, disciplining an employee, terminating the employment of an employee or rescinding a conditional job offer to a prospective employee pursuant to a policy established under subdivision (1) of subsection (b) of this section.