Freetown selectmen opt not to change drug-free workplace policy, ask counsel about medical-marijuana language

The Freetown Board of Selectmen reviewed an updated drug-free workplace policy on May 28 and voted to leave the existing policy unchanged while staff follow up with town counsel on how to address medical-marijuana language and retesting procedures.

The chair opened discussion by noting the town’s policy dated to about 2010–2011 and that the legalization of marijuana since then prompted the review. The chair emphasized that “even though…it’s still federally illegal,” which means certain positions — notably commercial drivers holding CDLs — remain subject to federal prohibitions. The board examined the policy paragraph defining illegal drugs and observed that the current text explicitly lists marijuana as an illegal drug subject to the disciplinary provisions.

Members raised concerns about how the policy treats employees with medical-marijuana cards. One member summarized a common tension: someone approved for medical use could still face discipline if marijuana use affects workplace safety or performance. The chair said the policy already includes a paragraph stating that “legally prescribed medications are not covered under this policy and are permitted to the extent that their use does not affect the employees [sic] work ability, job performance, or the safety of others in the workplace,” and noted staff would consult town counsel (referred to in the meeting as Joe Farah) for specific guidance on accommodation and termination risk.

The board also discussed disciplinary practice and testing procedures. Officials described an existing progressive-discipline approach — written reprimand, performance plans, unpaid leave of increasing duration and, if necessary, termination — and asked whether the town has the option to retest an employee it does not terminate after a positive test. The board agreed staff should clarify retesting authority and timing with counsel.

After discussion, a motion to leave the drug-free workplace policy as written was made, seconded and put to a roll call vote. The transcript records that Selectman Lopes and Selectman Zagar voted “yes.” Other votes were spoken or indicated via Zoom (thumbs up) but were not fully captured in the audio transcript; the chair declared the motion passed and the board moved on. The board directed staff to follow up with town counsel and return any recommended clarifying language to the board for potential future action.

The board’s decision preserves the town’s current authority to discipline employees for marijuana use under the existing policy while staff pursue legal clarification about medical-use accommodations and retesting procedures. The board took no immediate policy change.