Can Teachers Use Cannabis Legally?

A teacher finishes grading papers on Friday evening, heads home, and enjoys cannabis legally
during the weekend.

By Monday morning, they are back in the classroom.

Is there anything legally wrong with that?

The answer may surprise people. Being a teacher does not automatically prevent an adult from legally consuming cannabis in a state where adult use is permitted. But working in education adds another layer to the question because state cannabis laws and school employment policies do not always say the same thing.


In other words, being legally allowed to use cannabis does not necessarily mean your employer has to ignore that use.

For teachers, the first thing to understand is the difference between personal time and professional responsibility. A state may allow an adult to purchase and consume cannabis legally outside of work, but a school or district can still maintain policies addressing drugs, impairment, conduct, and employee responsibilities.

That makes your school district’s employee handbook an important place to start. Teachers should understand whether their employer conducts drug testing, what its drug free workplace policy says, and whether there are specific rules regarding cannabis. Policies can vary considerably between states and school systems, so what applies to a teacher in one district may not apply to someone teaching somewhere else.

Public and private schools may also operate under different employment rules.

There is another important distinction: using cannabis during your personal time is very different from being impaired while responsible for students.
Teachers are entrusted with the supervision and safety of children. Regardless of local legalization, consuming cannabis before or during the school day, bringing it onto school property, or arriving at work impaired can create serious professional consequences.

What about weekends and evenings?

This is where location matters considerably.

Some states and local jurisdictions provide certain employment protections for lawful cannabis use outside working hours, while others give employers considerably more freedom to establish and enforce their own cannabis policies. Medical cannabis can introduce another set of rules and protections depending on the state.

Drug testing can also complicate things. Cannabis can remain detectable after its noticeable effects have passed, meaning a positive test does not necessarily establish that someone was impaired at work. How an employer is permitted to use that result depends on applicable law and workplace policy.

For teachers who legally enjoy cannabis outside of school, the most important question therefore is not simply, “Is cannabis legal in my state?”

A better question is, “What do the rules say for educators where I work?”

Teaching does not mean giving up every legal choice available to other adults. It does mean working in a profession with additional responsibilities, expectations, and sometimes stricter workplace policies.

Before making assumptions in either direction, educators should understand their state laws, read their district policies, and know any requirements attached to their particular position. Cannabis legalization may determine what you are allowed to do as an adult. Your school’s employment policies can still determine what that means for you as a teacher.