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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

Jul 15, 2020 01:00 PM in Eastern Time (US and Canada)

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Jordan B. Schwartz
Partner, Labor • Employment Practice Group @Conn Maciel Carey LLP
Jordan B. Schwartz is a partner in Conn Maciel Carey’s national Labor • Employment Practice Group. He focuses his practice on representing employers in all aspects of the employment relationship. Mr. Schwartz works to create workplace solutions for his clients across all industries. He defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. He advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. When relevant, Mr. Schwartz provides advice and counsel to unionized and non-unionized workplaces regarding the employer’s rights under the National Labor Relations Act.
Daniel C. Deacon
Associate, OSHA and Labor • Employment Practice Groups @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.