Third Thursday Webinar - Employees and Marijuana – Legal Updates and Guidance

Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.
In the November elections, three more states legalized either medical or recreational marijuana use. As a result, 33 states now have legalized medical marijuana and 10 have fully legalized recreational marijuana. This trend presents a conundrum for employers, because marijuana continues to be illegal under the federal Controlled Substances Act.

Employers (as well as courts and regulators) continue to struggle with how to handle various implications of legalization. In particular, employers are assessing the merits of their existing drug policies and mandatory drug testing programs, especially when weighed against concerns about employee retention and morale. Legalization of medical marijuana raises tricky compliance questions under federal and state disability protection statutes. And changing public attitudes towards marijuana use can present employers with difficult hiring and retention issues.

Our webinar will explore the recent changes in state laws, and several recent court decisions, regarding legalized marijuana, employment rights of marijuana users, and disability discrimination claims. We will also discuss risk mitigation strategies and best practices for employers in this area.