Canna-business as Usual? A Guide to Approaching Marijuana and the Workplace

Although marijuana remains classified as a Schedule I illegal substance under the federal Controlled Substances Act, thirty-three states and the District of Columbia have legalized medical marijuana, ten of those states have legalized recreational marijuana, and additional states are considering doing so. This dichotomy leaves employers asking whether and how they can enforce drug-free workplace policies, comply with federal laws including Department of Transportation regulations and the Drug Free Workplace Act, safeguard their workforce, customers and businesses, and still accommodate the legitimate needs of their employees and their rights under state law.

This program, taught by Nathaniel Glasser and Steven Swirsky of Epstein Becker & Green, P.C., will help employers navigate the continuously changing state laws and regulations concerning medical and recreational marijuana, how those laws impact the workplace, and how the various state laws interact with federal law. The course will also cover the effect of state legalization laws on drug testing, drug-free workplace policies, and the management of employees who use marijuana. Viewers will be prepared to discuss the impact of these laws on workplace policies, and will receive effective strategies for dealing with the changing landscape.

Learning Objectives:

1. Review the various protections provided by state legalization laws, including decriminalization, nondiscrimination, and accommodation
2. Identify current federal enforcement priorities under the Controlled Substances Act and current proposals in Congress to change the federal law
3. Discuss the effect of state legalization laws on drug-free workplace policies, DOT regulations, federal contracting requirements, and similar employer obligations
4. Explore whether employers must accommodate an employee's use of medical (or even recreational) marijuana
5. Know how to respond to increasing numbers of pre-employment and on-the-job positive test results for marijuana
6. Recognize elevated hazards presented by marijuana use by employees required to operate motor vehicles or engage in safety-sensitive tasks
7. Examine employer obligations to bargain with employees' union representatives concerning drug policies and discipline relating to marijuana usage
8. Propose strategies for dealing with inherent conflicts in state and federal law