On Tuesday, July 18th, Dan Deacon and Ashley Mitchell presented a webinar covering The State of the Law Regarding Marijuana and Drug Testing.
Recreational and medicinal marijuana are here to stay. Each year, it seems that several new jurisdictions legalize marijuana use in some form and momentum continues to build for change on the federal level. As such, it appears to be only a matter of time before marijuana is legalized throughout the entire country. However, with these changes comes the potential for more employees to be under the influence of both legal and illegal drugs at the workplace. So, what can employers do to maintain a safe workplace? What restrictions are there for testing employees for drug use? Can employers really impose a drug-free workplace policy considering these seemingly pro-marijuana laws?
This webinar explored the changing legal landscape concerning marijuana, analyze potential issues related to zero-tolerance policies and review tips for developing effective drug testing policies that will comply with fair employment laws as well as OSHA regulations.
Participants in this webinar learned:
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- The changing legal landscape regarding medical and recreational marijuana in states around the country
- 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 use 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
- Whether OSHA will be changing its approach to drug testing under the Biden Administration
We are pleased to share these links to a copy of the slides and a recording of the webinar.

This program is valid for 1 PDCs for the SHRM-CPSM or SHRM-SCPSM.
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This was the 7th webinar event in Conn Maciel Carey LLP’s 2023 Labor and Employment Webinar Series. Click here to view our full schedule and detailed program descriptions for all of the webinars scheduled for the 2023 Labor and Employment Webinar Series. If you missed any of our past webinars in our annual Labor and Employment Webinar Series, view our Labor and Employment Webinar Library to access all of our webinar recordings. Also, click here to subscribe to our YouTube channel and get an email notification when new recordings become available.