You should use the same impairment criteria as before. In other words, legalization doesn’t have any impact on workplace impairment. It will be just as illegal to be impaired after legalization as it was before legalization even if the employee obtains and uses the cannabis legally. It’s the same as alcohol. The fact that alcohol is legal doesn’t justify or give employee immunity to be drink or be drunk AT WORK. And the fact that the substance happens to be legal has absolutely no impact on scientific levels at which an individual is deemed to be impaired.
Hope that helps and if I missed something or misunderstood the Q, let me know and I’ll have another go. Glenn, glennd@bongarde.com