So Your State Has Legalized Marijuana. . . Has your state legalized marijuana for recreational or medical use? Or is it expected to do so? You may be won- dering how the conflict between federal and state law will affect your ability to test your employees for marijuana and prohibit its use. Here’s some insights into an evolving sit- uation. “It is still legal to test for marijuana in every jurisdiction,” says Nancy N. Delogu, shareholder in the Washington, D.C. office of Littler Mendelson, the nation’s largest law firm defending employers in labor disputes ( littler.com ). “And it is still legal to decline to hire or employ workers who use marijuana for recreational purposes.” One caveat, says Delogu: If you don’t want to know if your employees are using marijuana, don’t test for it. “Knowing that someone uses marijuana and failing to take steps to ensure that he or she doesn’t work while impaired could lead to liability if the employee does something that harms a third person.” As for medical use of marijuana, know your state law. “In a few states that ask employers to accommodate med- ical marijuana use, terminating the worker following a pos- itive test without evidence of impairment could be risky,” says Delogu. “In New York, for example, if marijuana is be- ing used for medicinal reasons the employer might have Drug Use In the Workplace (CONT’D FROM PAGE 18)
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www.boardconvertingnews.com
February 28, 2022
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