On July 13, 2021, Dan Deacon, Aaron Gelb, and Ashley D. Mitchell presented a webinar regarding “The State of the Law Regarding Marijuana, Drug Testing and Background Checks”.
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 explored the changing legal landscape concerning marijuana, analyzed potential issues related to zero-tolerance policies, and reviewed tips for developing effective drug testing and background check policies. More specifically, participants learned:
- 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
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