Overview of the webinar

As marijuana legalization sweeps across the United States, employers face a complex legal landscape regarding its use among employees. What was once a clear-cut issue of termination for positive drug tests has evolved into a complex assessment, with federal, state, and local laws offering conflicting guidance on how to navigate marijuana use in the workplace.

At the federal level, marijuana remains illegal under the Controlled Substances Act, classified as a Schedule I controlled substance. Despite provisions in the Americans with Disabilities Act requiring reasonable accommodations for qualified workers with disabilities, the use and possession of marijuana for any purpose remains a federal offense, irrespective of state law. Consequently, under the ADA, employers are not obligated to accommodate marijuana use, even for medically approved reasons.

• State laws vary significantly regarding the accommodation of marijuana use and no law mandates that employers accept marijuana use or impairment in the workplace.
• At the same time, many states specifically mandate that employers refrain from discriminating against individuals who are medical marijuana users.
• The legalization of recreational or adult-use marijuana in numerous states introduces further complexities for employers.
• Employers must update policies in this shifting legal environment to reflect evolving regulations. Maintaining zero-tolerance drug policies may prove impractical, necessitating a focus on cannabis use and impairment in the workplace. Employers must also differentiate between medical and recreational marijuana use, adjusting policies accordingly.