High times for yard workers?

Washington, D.C. -- Smoking in the men's room is not what it used to be -- at least in places where marijuana has found its way into the workplace.

The legalization of marijuana in Colorado and other states emerged as an issue here during the 2015 NLBMDA Legislative Meeting. The issue hits a chord with lumberyard owners, who have expressed concern that an environment of acceptance could lead to marijuana use on the job -- and possibly foster heavy-equipment-related accidents.

Colorado Senator Cory Gardner, after speaking on the importance of tax reform and regulation reform as a means to boost the business and the economy, was asked about his state's marijuana laws. Gardner said he objected to the legalization of recreational marijuana from the outset, but he said the people of Colorado have spoken clearly -- 58% approve of the state's  liberal marijuana laws.

It's not just Colorado that sees growing popularity of cannabis. Chris Yenrick, president of Smith Phillips Building Supply in Winston-Salem, North Carolina, said the legalization of marijuana has been brought to the ballot in some places in his state, unsuccessfully so far. But it's a real possibility that it could come back.

Colorado has allowed the sale of marijuana for recreational use since June 2014. Three other states voted to legalize it -- Washington, Oregon and Alaska. Many other states are decriminalizing the substance to various degrees, including Washington, D.C.

Gardner referred to the challenges that can arise from unlawful-termination suits brought by pot smokers. One similar case involved Colorado-based Dish Network, which ultimately was deemed to be lawful in its hiring-and-firing practices, but it cost "a lot of money and a lot of bad publicity to make that happen," Gardner said.

"Employers have said some very interesting things to me," Gardner said. "They don't expect employees to bring a six-pack of beer to a break and drink it. But yet they do see employees who will bring marijuana -- be it the edible kind or whatever -- and use it on the break. And it has become a challenge."

It's an evolving issue, he said. "We've got to figure out how to make it work in Colorado."