Medical Marijuana in the Workplace: What Employers Need to Know

Most recent laws legalizing marijuana use have been geared towards removing criminal penalties for users, and do not fully address workplace issues posed by medical marijuana. Some state laws explicitly prohibit employers from discriminating against employees because of their status of medical marijuana cardholders. Some may only address the impact of a positive drug test for a limited set of job duties, such as public utility workers. Other state laws explicitly indicate that employers need not accommodate marijuana use in the workplace, but are silent on off-duty medical use. 

A few states explicitly protect employees who test positive for marijuana use and have medical authorization. These provisions place employers in a difficult position by requiring them to look past a positive drug test unless they can show that an employee is impaired due to marijuana use during work hours. Since urine-based drug tests do not actually measure impairment, and there is currently very little guidance from courts in those states, employers are left wondering how they are supposed to meet such a standard. What if you are an employer with a “zero tolerance” drug use policy? Must you now do away with it? Do you have to hire someone who tests positive for marijuana? Can you terminate an employee who does? In this webinar, we will address those and other questions regarding medical marijuana at work.

• State medical marijuana laws 
• Conflicting federal laws
• Discussion of some state/local laws
• Inquiring about legal drug use 
• Alcohol, drugs, and disabilities 
• Fitness for Duty and the Direct Threat 
• Workplace policies 
• Case examples
• Case studies

The line between legal and illicit drug use, particularly when marijuana is involved, has become increasingly blurry. Employers in locations with medical marijuana laws who wish to ensure a safe productive workforce, need to know what they can and cannot do, what they must and need not do concerning employees holding prescriptions for medical marijuana. Are they covered under the ADA/ADAAA? If so, once again, what you are and aren’t obligated to do? Taking proactive steps to learn your rights and responsibilities before a question arises is the smart thing to do. This webinar will help you do exactly that.

• Board Members
• Management
• Risk and Legal Professionals
• Internal Auditors
• Compliance Professionals
• Process Improvement Professionals

Janette Levey Frisch, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law. Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette serve on the Workplace Violence Prevention Institute, a multi-disciplinary task force, dedicated to providing, holistic, proactive and cutting-edge solutions and resources for employers committed to ensuring a safe workplace.