The State of the Law Regarding Marijuana and Drug Testing

Presented by Jordan B. Schwartz and Daniel Deacon

For better or for worse, America is going green and its acceptance of marijuana is increasing rapidly. However, new 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. Eleven 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.

With the potential for more employees to be under the influence of both legal and illegal drugs at the workplace, what can employers do to maintain a safe workplace? What restrictions are there for testing employees for drug use? Can employer really impose a drug-free workplace policy in light of these seemingly pro-marijuana laws?

This webinar will explore the changing legal landscape concerning marijuana, analyze potential issues related to zero-tolerance policies, review tips for developing effective drug testing policies, and best practices 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 or state disability discrimination laws
• How to address off-duty use of marijuana in states where it is legal
• Effective solutions to drug test for marijuana and drafting 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.

7 Comments

  1. Only Active on May 4, 2021 at 6:28 pm

    Man I hope this all works out. This vid was very helpful. My job at the moment does not allow me to use medical marijuana because of my cdl. Really sucks



  2. Tony_ VEe on May 4, 2021 at 6:30 pm

    We should get some lawyers together and get employers to stop testing for marijuana how they going to make it legal for recreational use but can’t use it because you still get tested is this a way to keep the population separated 🤨



  3. Regina Fisher on May 4, 2021 at 6:41 pm

    Drug testing is an invasion of privacy and it shouldn’t be allowed



  4. Regina Fisher on May 4, 2021 at 6:55 pm

    In Portugal all drugs are legal



  5. Regina Fisher on May 4, 2021 at 7:17 pm

    These businesses better quit testing for marijuana or they’re not going to have any employees anywhere



  6. Chuck Schuldiner on May 4, 2021 at 7:23 pm

    Im from New Jersey, and weed was recently legalized. However im 21 and want to join my local IBEW labor union. Im worried i wont be able to smoke weed anymore. Anyone know details i dont know about?



  7. Regina Fisher on May 4, 2021 at 7:24 pm

    marijuana should have never ever been criminalized people have been smoking pot for hundreds and thousands of years it is very safe and no one has ever died it is ridiculous that it is illegal