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The State of the Law Regarding Marijuana, Drug Testing and Background Checks
Presented by Dan Deacon, Aaron Gelb, and Ashley Mitchell

The green wave continued to roll through America during 2020, as several new jurisdictions legalized marijuana in some form. However, new regulatory developments regarding medical and recreational marijuana have created a host of compliance concerns for employers. 35 states and the District of Columbia have passed legislation giving medical marijuana usage the green light. Fifteen states and the District of Columbia have legalized recreational marijuana. Several states have also enacted laws making the possession of small amounts of the drug a civil, not criminal, offense. Although marijuana is currently still illegal under federal law, for the first time in fifty years, a bill was introduced in the U.S. House of Representatives to remove marijuana from the Schedule I controlled substances list in the Controlled Substances Act. In sum, it seems to be only a matter of time before marijuana is legalized in some form throughout the entire country.

This webinar will explore the changing legal landscape concerning marijuana, analyze potential issues related to zero-tolerance policies and review tips for developing effective drug testing and background check policies. 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
• An overview of both Federal and state background check laws and various state and local nuances
• Tips to conduct a legally compliant background check

Jul 13, 2021 01:00 PM in Eastern Time (US and Canada)

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Speakers

Aaron R. Gelb
Partner, OSHA and Labor & Employment Practices @Conn Maciel Carey LLP
Aaron R. Gelb Heads Conn Maciel Carey’s new Chicago office. His practice specializes in labor & employment and OSHA litigation. He has extensive experience litigating equal employment opportunity matters in federal and state courts, having tried numerous cases to verdict and defended employers before the EEOC as well as fair employment agencies nationwide. Aaron also advises employers through inspections, investigations, and enforcement actions involving fed OSHA and state OSH programs, and manages the full range of litigation against OSHA.
Daniel Deacon
Associate, OSHA and Labor & Employment Practice @Conn Maciel Carey LLP
Daniel C. Deacon is an Associate in the Washington, DC office of Conn Maciel Carey, working in both the Labor and Employment and OSHA • Workplace Safety Practice Groups. Dan's practice focuses on all aspects of occupational safety & health law and labor and employment law. He represents employers in inspections, investigations and enforcement actions involving OSHA and other state and local safety related agencies.
Ashley D. Mitchell
Associate, OSHA and Labor & Employment Practices @Conn Maciel Carey LLP
Ashley D. Mitchell is an Associate in the Chicago office of Conn Maciel Carey LLP supporting both the OSHA and Labor and Employment practice groups. Ms. Mitchell represents and advises clients in a broad range of employment issues involving the employer-employee relationship including wage and hour disputes, Title VII discrimination claims, and compliance with the Americans with Disabilities Act (ADA). She also provides advice and guidance on responding to workplace safety complaints and litigating contests of OSHA citations.