Recreational Marijuana and Rising Injuries: A Wake-Up Call for Employers
Over the last dozen or more years, 24 states and the District of Columbia have legalized the use of marijuana for medical and later recreational use. The number of people using marijuana increases when it is medically and recreationally legal. It is natural to assume that with the growth in use and availability, the possibility that employees will come to work impaired or use at work will increase, influencing the incidence of workplace accidents or injuries. The Workers Compensation Research Institute's (WCRI) 2025 report offers an early but robust look into how changing marijuana laws affect injury rates and compensation claims.
According to WCRI's report, in the early years after states passed recreational marijuana laws, workers' compensation claims rose by an average of 7.7%. For young workers under 25 and those in physically demanding jobs such as construction and manufacturing, claim frequency increased by just under 10%. In safety-sensitive jobs like transportation, construction, and mining, particularly among young workers, the claim frequency rate was just under 12%. The trend of increasing claims is gradual and compounding with a steady upward trajectory from year two forward. By the fifth year, the increase in workers' compensation claims reached 15% in states with recreational marijuana laws. There is speculation that claim rates are artificially lower because some employees may choose not to report an injury out of concern that reporting could lead to scrutiny over possible impairment at the time of the incident.
While an increase in the number of claims is a cause for concern, the cost of claims declined by as much as 5.7%. There was a 20% drop in per-claim prescription costs, nearly 14% fewer prescriptions, and almost 10% fewer opioid prescriptions. The reduction in opioid prescriptions may contribute to a reduced risk of addiction and an ability to return to work more quickly. The types of injuries may have contributed to the reduced cost of claims, as they were less medically complicated. There was no substantial change in fractures or neurological injuries after the introduction of recreational marijuana laws. However, soft tissue injuries increased by 8.1%, and lacerations and contusions increased by 8.3%. It is unclear whether the reduced pharmacy and medical costs associated with less complicated medical cases can compensate for the 15% increase in claims. Ultimately, the goal should be to have fewer people injured.
Call to Action – What should employers do now?
- Review your policies and procedures related to workplace impairment and drugs and alcohol.
- Train your managers regarding;
- The organization's policies and procedures
- The manager's role and obligation to enforce those policies
- Signs and symptoms of impairment
- Objective documentation of workplace behavior and workplace performance
- The process for administering a reasonable suspicion drug test
- Educate employees regarding;
- The organization's drug and alcohol policies and procedures
- Provide essential drug and alcohol educational resources or classes.
- Promote your Employee or Member Assistance Program – encourage employees and their dependents to seek assistance and support if they are struggling with a substance use disorder or a mental health concern.
Although still illegal at the federal level, the expansion of permissive laws regarding medical and recreational marijuana will likely continue. As cannabis dispensaries become more prevalent and the use of cannabis becomes increasingly normalized for medical and recreational purposes, the potential for misuse, abuse, and addiction also rises. Maintaining a safe and productive workplace will require continued vigilance and purposeful action.
