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Medical Marijuana in the Workplace

Date: 08/13/2019

12:30 PM - 2:00 PM

Course Curriculum
Most recent laws legalizing marijuana use have been focused on removing criminal penalties for users. They 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 address only the impact of a positive drug test for those with 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? This webinar will address those and other questions regarding medical marijuana at work.

Janette Levey Frisch is an attorney with more than 20 years’ legal experience. She works with employers on employment law issues to ensure that they are in the best position possible to avoid litigation, audits and employee relations problems. She has written articles on several employment law issues for various publications, including EEO Insight, Staffing Industry Review and @Law. Levey Frisch has also spoken and trained on topics such as criminal background checks in the hiring process, joint employment, severance arrangements and pre-employment screening.

The speaker has no real or perceived conflicts of interest that relate to this presentation.

Learning Objectives
At the conclusion of this session, participants will be able to:

  1. Evaluate facts and figures for impaired workforce employees.
  2. Identify and discuss medical marijuana laws in your state.
  3. Discuss some of the conflicting federal and state medical marijuana laws.
  4. Describe what is considered “Fitness for duty” and “Direct threat.”
  5. Implement medical marijuana workplace policies.
  6. Discuss medical marijuana examples and case studies.