Medical and Recreational Marijuana at Work: Understanding State Compliance with Federal Law


November 28, 2017


Melissa Fleischer

  1:00 PM ET | 12:00 PM CT | 10:00 AM PT | 90 Minutes

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This program has been approved for 1.5 PDCs toward SHRM certification hours.
The program is pre-approved for 1.5 credit hour under HRCI


Understand the New Policies and Approaches that States and EPA are Taking to Accommodate the New Legalization of Marijuana in Some U.S. States.

More people are using marijuana these days, according to a recent Gallup poll. The survey reveals that 43 percent of adults nationwide have tried cannabis. Thirteen percent of respondents said they currently use it, and more than half of Americans favor the legalization of marijuana, the news outlet reported.The newly released Quest Diagnostics Drug Testing Index™ also reveals that drug use among American workers has reached the highest level in 12 years. The findings came from analyzing 10 million workers’ employment-related drug tests.

Given the uptick, employers nationwide are left struggling to fully understand how recently passed state laws legalizing recreational marijuana possession and usage and other state laws authorizing the use of medical marijuana impact what they can and can’t do to monitor and restrict cannabis usage or possession among their employees.

While marijuana is still illegal under federal law, 28 states have passed legislation giving medical marijuana usage the green light. Eight states and the District of Columbia have legalized recreational marijuana. And, several states have enacted laws making the possession of small amounts of the drug a civil, not criminal, offense. How does the evolving legal landscape concerning medical and recreational marijuana affect employment policies on drug testing and off-duty conduct?

Session Highlights:

  • The changing legal landscape—where and when medical marijuana and recreational marijuana are legal in states around the country and the District of Columbia.
  • The position the Trump Administration is likely to take on the Controlled Substances Act, which lists marijuana as a Schedule I drug along with heroin, LSD, and other potent drugs.
  • Best practices for federal contractors to follow with respect to drug testing and usage to ensure they don’t lose federal funding.
  • Which state laws explicitly include employee non-discrimination protections and which likely don’t
  • Addressing the off-duty use of marijuana
  • How medical marijuana laws interact with unemployment and workers’ compensation-related benefits
  • Whether medical marijuana usage may qualify as a reasonable ADA accommodation
  • How to develop and manage drug-testing policies and practices in light of the current legal landscape
  • What to do if an employee tests positive for marijuana usage
  • Learn which drug and alcohol policies should be in place to ensure compliance with state and federal laws
  • Learn how to avoid disability discrimination claims when an employee has a medical marijuana card
  • The role of fitness for duty evaluations, and best practices for workplace safety

Who Will Benefit:

  • HR Professionals
  • Supervisors
  • Managers
  • Safety Compliance Officer
  • Employers
  • Anyone else concerned with employment law administration
  • Employee Relation Professionals

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