What Employers Need to Know: Marijuana in and out of the Workplace

State law regarding the legalization or decriminalization of medical marijuana and the potential for recreational marijuana is constantly evolving. This may put employers in a difficult position, especially where the employer has a drug-free workplace policy in place that may be required by federal law. This presentation will discuss the current state of legal marijuana use, the dangers for potential employment discrimination lawsuits, and potential ways to reconcile contrary state and federal law, including potential approaches that may be used by Illinois courts, based on a survey of approaches currently used by a variety of other jurisdictions. The presentation will also discuss the potential future legalization of recreational marijuana and the potential regulatory challenges that may involve.

Should we create or update a substance abuse policy?
How should we deal with medical marijuana users?
What can we do to protect ourselves against intoxicated employees?
Can I still fire an employee for a positive drug test for marijuana?
Can I choose to allow marijuana use and still terminate employees who test positive for other drugs?