Marijuana and Drug Testing Update

Presented by Aaron R. Gelb and Daniel C. Deacon

​Recent state regulatory developments regarding medical and recreational marijuana have created a host of compliance concerns for employers. While marijuana is still illegal under federal law, 33 states and the District of Columbia have passed legislation giving medical marijuana usage the green light. Ten 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.

​The web of varying state laws regarding when and how an employer can drug test an employee and what drugs an employer may test for further compounds these challenges, requiring that employers maintain a delicate balance between business objectives, employee rights, and state and federal laws. Given the growing social acceptance of marijuana use, employers are struggling to develop and effectively implement workplace policies that address employee drug use without lessening the pool of talented employees. What may be permissible under law may not necessarily be good for the business.

​This webinar will explore the changing legal landscape concerning marijuana, review tips for developing effective drug testing policies, and tips for handling employees who test positive marijuana in states where it has been legalized to some extent. More specifically, you will learn:

​- The changing legal landscape regarding medical and recreational marijuana in states around the country and the District of Columbia
– How state marijuana laws affect your federal compliance obligations under the DOT and other agencies
– Which state laws provide explicitly for employee non-discrimination protections
– Whether medical marijuana usage may qualify as a reasonable accommodation under the Americans with Disabilities Act
– How to address off-duty use of marijuana
– When and how to drug test an employee
– How to develop and manage workplace drug testing policies

A webinar from Conn Maciel Carey LLP.

Use of this video does not in any manner constitute or establish an attorney-client relationship between Conn Maciel Carey and the viewer. This video may be deemed “attorney advertising” in jurisdictions from which it is accessed. The decision to hire a lawyer is a serious one and should be undertaken after consideration of all relevant information, not only information on this video.


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