Overview:
The workplace impact of these various laws poses challenges for US employers, particularly those with multi-state operations.
This is complicated by the fact that, unlike for alcohol, there is currently no test for marijuana intoxication, and individuals may test positive for weeks following an incidence of marijuana use.
The present trend toward legalization suggest that more states will alter their drug testing laws to account for the legalization of marijuana. This creates a need for employers to maintain a safe and drug-free workplace in the environment created by these new regulations.
Why you should Attend:
As marijuana legalization sweeps across the United States, employers face a complex legal landscape regarding its use among employees. What was once a clear-cut issue of termination for positive drug tests has evolved into a complex assessment, with federal, state, and local laws offering conflicting guidance on how to navigate marijuana use in the workplace.
At the federal level, marijuana remains illegal under the Controlled Substances Act, classified as a Schedule I controlled substance. Despite provisions in the Americans with Disabilities Act requiring reasonable accommodations for qualified workers with disabilities, the use and possession of marijuana for any purpose remains a federal offense, irrespective of state law. Consequently, under the ADA, employers are not obligated to accommodate marijuana use, even for medically approved reasons.
However, at the state level, the landscape is less straightforward. Presently, this disconnect between federal and state laws leaves employers grappling with how to handle instances of marijuana use detected through drug screenings. The question remains: can an individual still be terminated for marijuana use?
- State laws vary significantly regarding the accommodation of marijuana use and no law mandates that employers accept marijuana use or impairment in the workplace
- At the same time, many states specifically mandate that employers refrain from discriminating against individuals who are medical marijuana users
- The legalization of recreational or adult-use marijuana in numerous states introduces further complexities for employers
- Employers must update policies in this shifting legal environment to reflect evolving regulations. Maintaining zero-tolerance drug policies may prove impractical, necessitating a focus on cannabis use and impairment in the workplace. Employers must also differentiate between medical and recreational marijuana use, adjusting policies accordingly
Areas Covered in the Session:
- Federal law and how it relates to marijuana use in the workplace
- Medicinal marijuana laws and the conflict with federal law
- State recreational marijuana laws
- Additional employee protections
- Permitting all use or not?
Who Will Benefit:
- Anyone with Employee Responsibilities will Benefit from this Webinar but HR Manager, Directors and Supervisors will Particularly Benefit