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Sustaining a Drug-Free Workplace Where Marijuana is Legal

OnDemand Webinar (76 minutes)

In a growing cannabis industry, understand how to stay compliant and sustain a drug-free workplace.The state of cannabis legalization in the United States is a true patchwork. At last count, 33 states have legalized cannabis use to one degree or another, with some of them specifically prohibiting employers from discriminating against users of medical cannabis. This rapidly developing area of the law stands in contrast to federal law, under which cannabis use remains illegal. For employers with operations throughout the US, the challenges of complying with various applicable legal requirements are legion. This topic is intended to provide human resources professionals with the information they need to effectively implement a drug-free workplace policy in cannabis-friendly jurisdictions. The information also explains the limitations of current cannabis testing protocols and the implications that they have on the employer policies. Depending upon the jurisdiction and circumstances, employers may no longer have the option of strictly enforcing a zero-tolerance policy when it comes to cannabis use. You will leave the topic with a suite of best practices to implement when revising and enforcing applicable workplace policies for employers of all sizes, including multistate employers, federal contractors, and employers with a unionized workforce.

Authors

Michael Goettig, Davis Wright Tremaine LLP

Agenda

A Brief Introduction of Status of Legalized Cannabis Use in the United States

• Jurisdictions in Which Cannabis Is Legal for Recreational Purposes and the General Restrictions on Use Imposed Within Those Jurisdictions

• Jurisdictions in Which Cannabis Is Legal for Medical Purposes Only, and States Varying Approaches to Defining a Medical Need

• The Benefits and Limitations of Current Cannabis Metabolite Testing Technologies

In Certain Jurisdictions, Employers May Not Conduct Pre-Employment Testing for the Presence of Cannabis Metabolites

• Identify Those Jurisdictions in Which Employers May Not Condition Employment on Passing a Drug Test

• Identify Positions That Are Exempted From These Various Laws, as Well as Other Circumstances in Which Pre-Employment Cannabis Testing Is Permitted in Jurisdictions That Otherwise Prohibit the Practice

• Provide Recommended Best Practices in Drafting and Revising Pre-Employment Testing Protocols

• Discuss Trends in Current and Pending Legislation Concerning Pre-Employment Testing

Most States Have Legalized Cannabis Use for Medical Purposes

• The Range of Medical Conditions That May Be Treated With Medical Cannabis Under Applicable Law

• How States Have Incorporated Status as a Medical Cannabis User Into Existing Laws

• Potential Duties Imposed Upon Employers Under the Americans With Disabilities Act and Related Laws in Connection With an Employee Who Uses Cannabis for Medical Purposes

• How Courts Have Reconciled Federal Laws Prohibiting Cannabis Use and State-Specific Laws Legalizing Medical Cannabis Use in the Employment Context