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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.
The workplace impact of these various laws poses challenges for US employers, particularly those with multi-state operations. This is complicated by the fact that, unlike for alcohol, there is currently no test for marijuana intoxication, and individuals may test positive for weeks following an incidence of marijuana use.
The present trend toward legalization suggest that more states will alter their drug testing laws to account for the legalization of marijuana. This creates a need for employers to maintain a safe and drug-free workplace in the environment created by these new regulations.
Dr. Chartier is the Principal of HRinfo4u, a human resource consulting firm, and a well-known educator and speaker. As a consultant, he works with organizations to improve the effectiveness and efficiency of their human resource function. He has worked extensively in designing, developing, and implementing human resource programs, procedures, and systems for smaller and mid-size firms up and down the Hudson Valley.
Greg is a thought-provoking professional speaker and his wisdom and insights into management and leadership make him an electrifying speaker and seminar leader. His seminars are customized to reinforce the company mission, vision, values, and culture and the content is practical for team leaders, managers, supervisors and executives alike.