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A Practical Guide for Multistate Employers on Managing the Growing Patchwork of Marijuana Laws

Many employers, especially those operating in a number of different states, are troubled with how to effectively cope with new and widely varying state marijuana laws. Not only are the state laws that authorize medical or recreational marijuana use proliferating, but many of the new laws include special employment protections for marijuana users. Businesses, particularly those with safety-sensitive operations, do not want to abandon their workplace marijuana prohibitions and testing programs. Please join Bob Nichols and Lauren West for a webinar discussing practical guidance on how to best manage these issues including:

  • Are there states where testing for marijuana is restricted or where a positive test cannot be used as the sole basis for discharge or a referral to rehabilitation?
  • When state laws permit employers to prohibit employees from being "under the influence" of marijuana at work, what does that practically mean?
  • How do the state marijuana use laws interact with federal prohibitions and regulations such as the Drug-Free Workplace Act, the Controlled Substances Act, and US DOT requirements?
  • How do the rules differ in some states for marijuana derivatives, such as cannabis oils, that may be used by employees?
  • What are the keys to managing these issues effectively when employing workers in a variety of different states with inconsistent laws?

© 2020 Bracewell LLPNational Law Review, Volume IX, Number 102


About this Author

Robert Nichols, employer litigation attorney, bracewell law firm, lawyer harassment claims, wrongful discharge case, occupational safety issues

Robert Nichols represents employers in litigation, administrative actions and arbitrations concerning discrimination and retaliation, harassment, wrongful discharge, occupational safety and health, union-management relations, wage and hour matters, and other concerns related to employment. Mr. Nichols has defended more than 200 employment-related lawsuits in federal and state court, represented employers in more than 300 federal and state agency employment discrimination investigations, and handled numerous Occupational Safety and Health Administration (OSHA) cases,...

Lauren West, Labor, Employment, Attorney, Bracewell law firm

Lauren West is a member of Bracewell's Labor and Employment group. She represents employers involved in federal and state court litigation and before administrative agencies. Ms. West has experience dealing with employment discrimination and harassment, wage and hour issues, the enforcement of non-compete agreements, and issues relating to reductions in force. In addition to litigation, she counsels employers on compliance with federal and state employment laws and on issues relating to the hiring, retention and termination of employees.