In this webinar, we will explore the challenges employers now face in managing employee marijuana use. We will, also discuss applicable laws (both statutes and cases) addressing this subject, analyze recent court cases. The laws, of course vary by state. You will receive an overview of where many of the different states are currently holding with respect to medical and recreational marijuana and employer’s rights and obligations.

Some employers are now in a difficult position in that they must 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.

Many states have now legalized marijuana use (for both recreational and medicinal purposes). Yet, under federal law, marijuana use and possession remains illegal, leaving employers in a quandary. Regardless of legalization in many states, National Institute of Health (NIH) studies still show links between marijuana use and increased risk of accidents and injuries. Employers remain legally obligated to provide their employees a safe workplace and, where applicable to keep the public safe from any accidents or injuries that could result from an employee’s drug use. What’s an employer to do? Can you still conduct pre-employment, post-accident or random drug screens? Should you? Can you still implement a drug-free workplace policy? 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? If so, how?