Marijuana in the Workplace

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Presentation transcript:

Marijuana in the Workplace Sponsored by: MSBA Labor & Employment Section Presented by: Glendora Hughes, Maryland Commission on Civil Rights, Joyce Smithey, Smithey Law Group LLC, Lindsey White, Shawe Rosenthal LLP, Garrett Wozniak, Kollman & Saucier, P.A. Program Chair: Michael Neary, Lerch, Early & Brewer, Chtd.

Overview Marijuana in the Workplace: Maryland Drug Testing Law ADA and Maryland Law on Accommodations The state of Federal and State Laws regarding Marijuana Where is the law going?

Maryland’s Drug Testing Law Pre-Employment Positive Tests Penalties

ADA and Maryland Law on Accommodations What the federal law requires with regard to marijuana? Is the law different for prescription drugs? Maryland Law

The state of Federal and State Laws regarding Marijuana Marijuana in all forms is a Schedule I drug under the Controlled Substances Act. 21 U.S.C. § 812(b)(1) and (c). Department of Justice rescinded a 2013 memorandum suggesting federal government would not challenge state laws legalizing marijuana. Federal View State laws that make recreational use legal and how that impacts an employer’s right to discipline, especially in states with lawful off-duty conduct laws Alaska, California, Colorado, District of Columbia, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington have legalized marijuana for recreational purposes. State View

Laws that make medical use legal What do the laws say and how they differ? Some laws allow employers to prohibit use on premises or on-the-job intoxication. Some laws are silent. Some expressly allow employers to discipline for marijuana use or intoxication in the workplace. Some laws prohibit discrimination against someone having a medical marijuana card. Some prohibit retaliation or adverse employment actions for medical marijuana use.

Where is the law going?

Thank You The materials presented in this presentation are for informational purposes only and not for the purpose of providing legal advice. The opinions expressed in this presentation are the opinions of the individual presenter and may not reflect the opinions of their firms, organizations, or any other individual attorney.