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Most recent laws legalizing marijuana use have been geared towards removing criminal penalties for users, and 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 only addresses the impact of a positive drug test for 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? In this webinar we will address those and other questions regarding medical marijuana at work
The line between legal and illicit drug use, particularly when marijuana is involved has become increasingly blurry. Employers in locations with medical marijuana laws who wish to ensure a safe productive workforce need to know what they can and cannot do, what they must and need not do with respect to employees holding prescriptions for medical marijuana. Are they covered under the ADA/ADAAA? If so, once again, what are –and aren’t—you obligated to do? Taking proactive steps to learn your rights and responsibilities before a question arises is the smart thing to do. This webinar will help you do exactly that.