Here is a recap of a great session at the 2015 NAPBS Legislative and Regulatory Conference in DC this month. This entertaining and scientific discussion dealt with issues employers need to consider in dealing with medical and legal marijuana in the workplace. Art Cohen, an attorney with Concorde, Inc., walked attendees through some of the constantly evolving laws. Cohen believes the ultimate law for this issue will be made in the courts. Cohen explained that impairment for marijuana (and some other drugs) can’t be determined by lab tests. For alcohol, impairment is “assumed” at .08, 1.0, etc., but the body stores marijuana in fatty tissue so a subject can test positive for some time even if they haven’t been using pot. Complicating things further is the Department of Justice’s decision to defer enforcement of marijuana laws to the states, while the Department of Transportation does not approve of marijuana at any level. Right now, about 25 states have medical or legal marijuana laws. Cohen says that an employer’s best potential legal defense is to have a crystal-clear marijuana policy in place and make sure employees are aware of it. For a full conference recap, Read More Here
Marijuana In The Workplace