Compliance » Weed In the Workplace

Weed In the Workplace


November 2, 2022

A management consultancy advises employers on how to craft a policy for marijuana in the workplace. First consideration: Marijuana is illegal at the federal level, but legal in many states. That puts its use in a quasi-legal twilight zone in which the feds choose not to prosecute those who possess and distribute marijuana in compliance with state laws, but does not budge on treating it as illegal for purposes of oversight, distribution, federal disability law protection, and a variety of other areas including workplace safety. Policy considerations need to include random testing in safety-sensitive positions when federal or state law requires, using a test method that indicates recent use as opposed to historical use. In states where medical marijuana users receive protection from workplace discipline, policies should require verification of medical authorization. Managers and supervisors should be trained how to identify impairment, and only take adverse action when signs indicate it.

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