Hayes: Marijuana, Medical Cards, and the Auto Repair Industry: What Shop Owners Need to Know

There is massive confusion in our industry right now. Recreational marijuana is legal in many states. And while medical marijuana cards are common and culturally, it’s more accepted than ever, the reality is that legal does not mean permissible at work.
And it certainly does not mean permissible while driving on company business. This is critical for auto repair operators to understand to protect themselves and their businesses. 

The Question Every Shop Owner Must Ask

If you know an employee is smoking marijuana before work, and you allow that employee to:

• Drive a vehicle
• Represent your company at events
• Operate equipment
• Interact with customers

And that employee causes an accident, you may have just stepped into negligent retention territory. In plain English, if you knew or should have known someone was impaired and did nothing, you can be held responsible. That’s not an opinion. That’s risk-management reality.

But it’s Legal in my State

Let’s clear this up. Even in states where recreational marijuana is legal:

• You cannot be impaired at work.
• You cannot drive while impaired.
• Employers still have a duty to provide a safe workplace.
• Insurance carriers can deny coverage tied to impairment.
• OSHA does not recognize “it’s legal” as a defense.

Recreational legality does not override workplace safety standards.

My Employee has a Medical Card

This is another common misunderstanding. A medical marijuana card does not:

• Grant the right to be impaired at work.
• Override safety-sensitive job restrictions.
• Protect someone who causes an accident while high.

Driving for company business is considered a safety-sensitive function. Operating vehicles, lifts, heavy equipment, or even test-driving vehicles qualifies. If you’re in auto repair, almost every role has safety exposure.

The Insurance Problem No One Talks About

Here’s where it gets serious. If an accident occurs and impairment is involved and it is discovered management knew and no action was taken, the plaintiff’s attorney won’t just sue the employee—they’ll sue the company.

They’ll pursue:

• Commercial auto policies
• Umbrella coverage
• Assets
• Potentially punitive damages.

And punitive damages are where businesses get hurt.

This isn’t about morality. It’s about governance. As operators, we must separate personal opinions from operational standards. You may not care what someone does on their own time, but you must care about:

• Safety
• Liability
• Brand protection
• Culture
• Institutional credibility.

Particularly if you are building a scalable platform. Private equity firms and institutional investors look for governance discipline. If they uncover known safety violations were ignored, that’s a red flag in diligence.

What to do as a Shop Owner

First, it’s important to have a written drug and alcohol policy that spells out:  

• No impairment during work hours
• No impairment during company travel
• No impairment while representing the company.

Then, make sure each employee signs and acknowledges the policy so there is no ambiguity.

If you suspect someone is under the influence and shows signs of slurred speech, delayed reactions, unsafe behavior, or the odor of marijuana, document your observations. It’s important to note that you must witness the behavior—not act upon rumors from other employees. If a reasonable suspicion exists, remove the employee from safety-sensitive duties while pending a review. Do not allow them to drive or operate equipment. You must protect the company immediately.

Next consult an employment attorney, especially in states with recreational or medical legalization. This is about compliance, not confrontation.

The Bigger Cultural Issue

In auto repair, we preach:

• Precision
• Safety
• Professionalism
• Accountability. 

You cannot build a world-class culture and ignore impairment. You cannot preach safety to customers and tolerate unsafe behavior internally. That disconnect erodes trust.

This isn’t about being anti-marijuana. This is about being pro-responsibility. If someone chooses to use marijuana legally on their own time, that’s their personal decision. But once impairment enters the workplace, especially in a safety-sensitive industry like ours, the equation changes.

As leaders, it is our job to protect our customers, our team, and our business. And in this industry, safety isn’t optional. It’s foundational.