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What’s the Current Legal Status on Employee Cannabis Use? It’s Complicated.

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Marijuana has become a highly confusing and sometimes controversial topic for employers. A shifting legal landscape and evolving societal attitudes are challenging current hiring, background screening, and drug testing policies.

Employers’ struggles are exacerbated by the conflicting legal guidance at the federal, state, and local levels. For example, most people are aware that all cannabis continues to be illegal under federal law, yet many states and localities have legalized medical and/or recreational use.

Even oversight by the federal government has been in flux. The enforcement approach promulgated by the Trump Administration differs from that of the relatively lax mindset of the preceding Obama Administration, and Congress has yet to weigh in with definitive legislation.

Navigating the State & Local Levels on Marijuana

The situation is little better at the state and local levels. Multi-site employers are navigating a diverse array of marijuana laws, with no two jurisdictions applying precisely the same rules. And unfortunately, limitations on drug testing, consideration of prior marijuana convictions for employment purposes, and other topics have not been addressed in many areas’ legalization measures.

Without straightforward guidance, most employers are left with more questions than answers. For instance, how does legalization of medical marijuana use overlap with the Americans with Disabilities Act? What issues could employers take into account when establishing a Drug-Free Workplace?

Watch the Pre-Recorded Marijuana Webinar Now

Few topics today are as confusing as cannabis, but understanding the evolving environment is a first step toward setting effective, compliant hiring and employment policies. That’s why Asurint tapped our General Counsel Kelly Uebel to lead a webinar on Marijuana’s High Impact: The Evolving Landscape of Drug Testing.
The educational event was well attended and the discussion portion was among the robust we’ve ever hosted. Participants came with probing questions and offered many great insights from across the country on how they’re handling this rapidly shifting legal environment.
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Did you miss out on the live webinar? If so, don’t worry. You needn’t live without the information that was shared! You can access the recorded webinar and the accompanying white paper here.
The recorded webinar does not provide legal consultation on drug testing or employment practices or policies, but it does incorporate a wealth of helpful information on the marijuana landscape across the U.S. Check it out.