Medical Marijuana: Workplace Issues

With 15 states and the District of Columbia having passed medical marijuana use laws, employers who operate in multiple states must deal with a variety of workforce issues, including drug free workplace concerns, drug testing policy amendment options, and accommodating employees whose medical conditions result in a medical recommendation of marijuana use. Due to the controversial nature of this issue, it is imperative that Illinois attorneys practicing in the labor and employment arena stay informed on the state of the law federally and in the various states and be prepared to provide advice on a variety of evolving workplace related issues, policies, and procedures. This half-day seminar covers a multitude of topics, including: the federal/state legal dichotomy; the Supreme Court’s decision in Gonzales; workplace drug testing; drug free workplace; clinical recommendations for marijuana vs. prescription medication; the medical administration of marijuana; ethical considerations; and much more.

 

 

 

 

 

This comprehensive overview examines medical marijuana workplace issues evolving from court decisions (such as drug testing policies, reasonable accommodation issues, sobriety and workplace safety concerns) and also reviews U. S. Supreme Court precedent that has led to the current state of affairs in which states may legalize medical marijuana use, while the federal government may maintain criminal prosecutions for the identical conduct. A general review of various state laws (and the dilemma employers with offices in multiple states face) is included, as well as a discussion on the status of Illinois’ legislation to legalize marijuana for medical use.

 

This segment summarizes medical marijuana from a clinician’s perspective by examining the types of medical conditions in which medical marijuana might be recommended, drugs on the market that may result in a positive drug test, the difference between using marijuana for medical reasons and abusive use, and the various ways marijuana can be administered (leaf, pill, vapor, etc).

 

11:15 – 11:30 a.m. Break (refreshments provided)

 

Certain laws maintain the view that marijuana should not be tolerated in the workplace, while various state and federal laws require a drug free workplace as a condition of receiving government contracts. Yet anti-discrimination statutes simultaneously require reasonable accommodation to employees with disabilities. This segment examines the issues surrounding the drug free workplace and drug testing policy dilemma and discusses the need for planning and policy formulation. 

Marijuana for medical use is a federal crime and attorneys are ethically prohibited from assisting in the commission of a crime; thus, ethical obligations are a special consideration when advising clients how to handle medical marijuana use. This interactive panel presentation examines a number of these types of issues, including: