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The impact of marijuana use on the workplace is skyrocketing. State after state legalizes its use, not just for medicinal purposes, but for recreational ones too. At the same time, the Feds haven't legalized any of its use.
The two most common questions employers have are:

  • Our company does drug screenings, and an employee has provided a medical marijuana card. How do we handle that?
  • Our state allows recreational marijuana. What does this mean if we have a drug-free workplace policy?
  • The answers to these questions involve numerous factors, including but not limited to the following
  • The state they are in
  • Why somebody is using it (medicinally or recreationally)
  • How recently they used it
  • The safety aspects of their job
  • The company's policy on marijuana use

In this training, Don will summarize the challenges faced by employers in managing employee marijuana use, explain the law addressing this subject, describe relevant marijuana testing devices, and analyze recent court cases. He’ll finish with a few words of advice for the wise.


The impact of marijuana use on the workplace is skyrocketing. State after state legalizes its use, not just for medicinal purposes, but for recreational ones too. At the same time, the Feds haven't legalized any of its use.

According to the National Institutes of Health (NIH), studies suggest specific links between marijuana use and adverse consequences in the workplace, such as the increased risk for injury or accidents. One study among postal workers found that employees who tested positive for marijuana on a pre-employment urine drug test had 55 percent more industrial accidents, 85 percent more injuries, and 75 percent greater absenteeism, compared with those who tested negative for marijuana use.

Not only is legalization a new problem for management, it's also a new problem for law enforcement and the courts. Defining what it means to be "under the influence" is difficult at best, and there are few accurate measuring methods available. Thankfully that is beginning to change


  • Some facts about marijuana use
  • The risks of marijuana use
  • The laws surrounding marijuana use and employment
  • Testing for impairment
  • What is reasonable suspicion?
  • Accommodating marijuana use under disability law

  • Any Leader or Manager
  • Human Resource Manager
  • Director of Human Resources
  • Human Resources Partner
  • Human Resource Consultant

Donald Phin is a California employment lawyer since 1983. Donald is also a Former litigator. He has built and sold HRThatWorks used by 3500 companies to ThinkHR, workplace investigator, auditor, HR coach, and professional speaker.

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