What Employers Need to Know about Legalized Marijuana

Why Should You Attend:

Many states have legalized the use of marijuana for either medicinal or recreational use. In those states, employees may be authorized or able to use marijuana. However, many companies strive to maintain drug-free workplaces and require applicants and employees to undergo drug tests at certain times. Given that marijuana continues to be a controlled substance under federal law, employers are justified in being concerned about understanding their rights and obligations. It is also important to understand how the Americans with Disabilities Act may impact an employer’s efforts to enforce its drug-free workplace policies.

This webinar will discuss the recent state laws legalizing marijuana and how those laws interact with the federal law banning marijuana use. In addition, you will learn how the recent state law trends impact employers’ efforts to maintain drug-free workplaces, to respond appropriately to medical accommodations, and to enforce their off-duty conduct expectations.

State laws are rapidly changing with respect to marijuana use, either recreational or medicinal. Are you aware of your state’s laws regarding marijuana use? More importantly, do you know your company’s rights and obligations with respect to enforcing drug-free workplace policies in light of those laws? This webinar will cover these topics and give you an understanding of your company’s rights and obligations in light of the recent trends.

Areas Covered in the Webinar:

• Overview of federal law prohibiting marijuana use
• Whether federal law preempts state laws allowing medicinal and/or recreational use
• Current status of which states allow marijuana use
• Recreational vs. medicinal use
• Impact of state laws on drug testing
• Recent trends banning drug testing for marijuana in certain localities
• Protection against discrimination for authorized medical marijuana users
• Court cases examining conflict between federal and state laws
• Whether employers can discipline employees for lawful off-duty conduct
• Whether employers must allow employees to use marijuana during working hours
• How medical marijuana users may receive some protection from the Americans with Disabilities Act

Recently Asked Questions:

1. In California, if an employee has a medical card to use marijuana and comes to work with the marijuana on them, can they still be terminated for being in possession of the marijuana while at work?

Who Will Benefit:

• Human Resources (CHRO, Vice President, Director, Manager, Generalist)
• Hiring Manager
• Safety (Vice President, Director, Manager, Generalist)
• Business Owners / Executive Officers / Operations and Departmental Managers
• General Manager / Plant Manager

Rebecca Jacobs
Training Consultant and Employment Law Attorney, Rebecca Jacobs LLC

Rebecca Jacobs is a Training Consultant and Employment Law Attorney with Rebecca Jacobs LLC. Collaborating with her clients, she develops and presents customized employee training on topics such as harassment prevention, bystander intervention, and discrimination avoidance. She also trains managers on numerous matters, including family and medical leave and disability accommodation requests.

Since 2006, Rebecca has been an adjunct lecturer for the Department of Management and Human Resources at the Ohio State University's Max M. Fisher College of Business. Rebecca teaches the "Contemporary Employment Practices and the Law" class and has recently expanded her teaching to include “Contemporary Employment Practices and the Law II.”

Rebecca has been an employment law attorney for over 20 years and tried a number of cases in federal and state courts, including oral argument before the Sixth Circuit Court of Appeals. She has counseled clients on numerous employment law matters and has prepared employee policies and handbooks. In January, 2019, Columbus CEO magazine quoted Rebecca in “Employment Law: Making it Official with Love Contracts.”

Rebecca holds a Juris Doctorate degree from Vanderbilt University School of Law and a Bachelor of Arts degree from the University of California, Santa Cruz. She is admitted to practice law in Ohio and licensed (inactive) in California.

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