Cannabis in the Workplace

Many employers are struggling with compliance issues stemming from the patchwork of overlapping and conflicting cannabis regulations. This includes issues related to lawful use and privacy versus impairment and safety concerns. With the spread of legalization and cannabis-related employment lawsuits on the rise, it’s now more important than ever for employers to understand how to protect themselves, their employees and their customers.

We guide employers through the shifting legality of cannabis derivatives under federal and state laws. For example, our attorneys are well versed in the Cannabis Regulation Tax Act (and various other state laws), which has considerable pitfalls for employers enforcing a drug free workplace. We help employers remain in compliance with the American with Disabilities Act (ADA) for employees who use cannabis for a medical condition and request reasonable accommodations.

We advise employers on the following:

• Creating no tolerance-drug free workplace policies
• Updating drug testing policies and practices
• Remaining in compliance with the Americans with Disabilities Act while navigating disability law issues (e.g., interactive process for reasonable accommodations)
• Properly handling employees who report to work while under the influence of cannabis
• Management training on reasonable suspicion