As a retired business owner, I was rather dismayed at the concept of legalizing one of the most common drugs here the United States. I can recall numerous occasions when I had heard that an employee was having a problem, and I sure didn’t want them to bring it to work with them. I realized that it would affect their job performance, perhaps the trust factor, and God forbid if anything ever happened with a customer, I’d be sued out of business.Well, now it appears to be legal in several states, and probably more to follow. If you are a business person we should talk about this, because there is probably a right way and a wrong way for you to communicate your new policies to your employees on this issue.Perhaps you are in a business which requires your workers to drive. Maybe they deliver products or services, or you are in the transportation business. Even though such drugs might be legal in the state, and allowed for personal recreational use, you had better hope that your employees are not on drugs while they are driving your vehicles, operating machinery, or doing anything which is dangerous or could cause an accident if done incorrectly. Does this mean you have to stop doing drug testing now? Does it mean you have to change your policies in your operation manuals?Apparently not, you can keep things just the way they are, and let everyone know of your policies. However you cannot tell someone they can’t do something which is now legal, but you can tell them that they cannot come to work if they are high on drugs. Yes, this could get you into illegal situation, especially if you fire a worker for cause, and they come back suing you because you fired them for doing something that was now legal. Apparently this puts a lot of jeopardy onto the small business owner, or even a corporation with specific policies.The Associated Press had a troubling article for employers on December 7, 2012 titled “Legal grass complicates drug-free work policies,” by Kristen Wyatt and Gene Johnson which stated;”Businesses in Washington state, where the drug is legal, and Colorado, where it will be by January, are trying to figure out how to deal with employees who use it on their own time and then fail a drug test. ‘There’s just an incredible amount of gray right now” about how legalization affects employers’ stated a Colorado Chamber of Commerce Coalition. Police departments are especially worried. Officers take oaths to protect all laws, state and federal. In this case, pot is still prohibited under federal law.”Obviously, you can see how this issue gets quite touchy, and how it can trip up many business owners in one more legal challenge they just don’t need right now considering the way the economy is currently. What should you do? Well, if you think there might be a conflict or challenge here because perhaps your state is one of the states which has recently changed the law, then you should contact a lawyer that understands the new case law out there and make sure you aren’t doing anything to put yourself in legal jeopardy. Please consider all this and think on it.