Medical and Recreational Marijuana: How to Navigate a Shifting Legal Landscape and Enforcement Gray Areas Concerning Employee Pot Use

Marijuana is still illegal under federal law, but to date 28 states have passed legislation giving medical marijuana usage the green light. Also, in eight states and the District of Columbia recreational use of marijuana is now legal. Other states have enacted laws making the possession of small amounts of the drug a civil, not criminal, offense. How does the evolving legal landscape concerning medical and recreational marijuana affect employment policies, workplace safety, and off-duty conduct?

This session will explore:

  • Where pot is legal—and under what conditions—and where legislation is pending to legalize marijuana
  • What Attorney General Jeff Sessions and the Trump Administration are likely to do to enforce federal drug laws like the Controlled Substances Act, which lists marijuana as a Schedule I drug along with heroin, LSD, and other potent drugs
  • The lattice of laws that come into play when marijuana is used for medical purposes, including the Americans with Disabilities Act (ADA)
  • Medical marijuana as a reasonable accommodation under ADA and state law
  • How to address the applicant or employee who tests positive for marijuana
  • Whether zero tolerance drug free workplace policies are enforceable
  • Best practices for keeping the workplace free of impaired workers
  • Tips for federal contractors to follow with respect to drug testing and marijuana usage to ensure they don’t lose federal funding
  • How to clearly and succinctly lay out conduct-based expectations in the employee handbook