Medical Marijuana and The Workplace. Presented by: Brenda JM Sabin, CBP Dir of HR Compliance & Payroll Solutions

Medical Marijuana 2  Twenty states and the District of Columbia have decriminalized possession of marijuana for medical use. Washington and Colorado allow recreational use, as well. But federal law still classifies marijuana as a Schedule I drug—no legal use.  In 2004, Vermont passed S. 76, An Act Relating to Marijuana Use by Persons with Severe Illness.  This piece of legislation creates an exemption in state law from criminal penalties for the use of marijuana to alleviate the symptoms or effects of a debilitating medical condition as long as it is done in compliance with 18 V.S.A. Chapter

Rules & Regs  Employers are placed in a very delicate position of attempting to comply with competing and negating laws.  However……  In all Med Marijuana states – the laws DO NOT require employers to permit drug use in the workplace OR tolerate those under the influence while at work.  Just because it’s legal doesn’t mean you have to allow it (think alcohol).  Even though it’s medicinal and prescribed you do not have to allow it at the workplace (think pain killers that may impair job functions)  Employees are the Employers responsibility as it pertains to safety of themselves and others. 3

VT Law  VT law specifically states:  § 4474c. Prohibitions, restrictions, and limitations regarding the use of marijuana for symptom relief  (a) This subchapter shall not exempt any person from arrest or prosecution for:  (1) Being under the influence of marijuana while: (A) operating a motor vehicle, boat, or vessel, or any other vehicle propelled or drawn by power other than muscular power; (B) in a workplace or place of employment; or (C) operating heavy machinery or handling a dangerous instrumentality. 4

VT Law  (a) This subchapter shall not exempt any person from arrest or prosecution for:  (3) The smoking of marijuana in any public place, including:  (A) a school bus, public bus, or other public vehicle;  (B) a workplace or place of employment;  (C) any school grounds;  (D) any correctional facility; or  (E) any public park, public beach, public recreation center, or youth center. 5

State particulars  Vermont.  Registry Identification cards are required for patients. The cards are obtained from the Department of Public Safety, and the patient must apply to the department by attaching his or her medical record documenting he or she has a debilitating medical condition as determined by a physician in the course of a bona fide doctor- patient relationship 6

Safety Concerns  Federal regulations still prohibit the use of marijuana for any reason.  DOT (Dept of Transportation) states “it remains unacceptable for any safety- sensitive employee subject to drug testing under the DOT regulations to use marijuana”  The ADA (Americans with Disabilities Act) does not require employers to allow marijuana use as a reasonable accommodation for someone with a disability EVEN if that person is a registered marijuana user. 7

So what do you do?  Know your state laws on this!  Review the drug testing laws for your state   Review your drug policies to ensure they clearly outline the expectations regarding impairment, marijuana use outside of company time, and whether they are subject to drug testing.  The Federal DOL has provided guidance to help you create Drug Free Workplace Policy   Train your managers about confidentiality – this is still medical information!  Closely monitor new developments in your state 8

VT Drug Testing  Employers must have a written policy  The circumstances under which persons may be required to submit to drug tests  The particular test procedures  The drugs that will be screened for  A statement in the policy that some over the counter drugs may result in a positive test  And… what the consequences are for a positive test 9

Employee Testing  You can require an individual employee to submit to a drug and alcohol test if ALL these conditions are met:  Have probable cause to believe the employee is using or is under the influence  Have a bona fide rehabilitation program provided by employer (think EAP) or is available through health insurance or under contract with a non profit hospital  Employee may not be terminated if a positive test result occurs IF the employee agrees to participate in the rehab program  Employee can be suspended during the time of the rehab program but no longer than 3 months  The test is administered according to state law 10

Applicant Testing  You can require an applicant to submit to a drug test only if all the following conditions are met:  the applicant has been given a offer of employment contingent on a negative result.  The applicant receives written notice of the drug testing procedures and a list of drugs that will be tested for  The test is administered according to state law 11

Wrap Up/ Q & A  Thank you! Brenda JM Sabin, CBP