Employment Program 10.24.2019 - Cannabis, Addiction, and the Workplace - Presentation Slides

Sep 18, 2026

Employment program presentation examining the legal landscape for cannabis and how medical or adult-use legalization affects employment practices. Covers anti-discrimination obligations, drug testing limitations, and the duty to provide reasonable accommodation for qualified employees with disabilities. Addresses duty-to-accommodate and off-duty use questions, including whether zero-tolerance hiring policies are lawful, how “under the influence” is determined, and how state cannabis statutes interact with federal requirements and contracts.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages33

Reading Time1 h 23 min

AccessFree to download

Overview – Cannabis Laws

Cannabis – Federal Law

Cannabis – State Law

The Difficult Questions

Off Duty Use

Sources of Restrictions on Ability to Take Action Based on Off Duty Use

Cannabis Statutes Prohibiting Discrimination

Cannabis Statutes Affirmatively Requiring Accommodation

October 24, 2019 Cannabis, Addiction, and the Workplace Agenda • Overview – state of the law regarding cannabis • How legalization of medical or adult use cannabis impacts employment • Anti-Discrimination • Drug Testing • Duty to Provide Reasonable Accommodation • Addiction – Scope of Issue, Legal Framework and Ramifications Overview – Cannabis Laws Cannabis – Federal Law • Cannabis is a controlled substance, like heroin or cocaine . • Schedule 1 drug, meaning viewed as highly addictive with no medical value . • 2013 DOJ memo stated that prosecution of state legal medical marijuana cases isnot a priority, but rescinded under current Adminstration . Cannabis – State Law • Mixed bag: • In some states (e.g. TX, VA), cannabis remains illegal. • Some states (e.g. NY, NJ, IL, MD, DE, PA), have legalized cannabis for medical purposes only. • Some states (e.g. ME and CA), have legalized both medical and recreational cannabis . State Cannabis Laws • All of the states that have legalized cannabis permit employers to prohibit employees from possessing or using in the workplace . • Most permit employers to prohibit employees from coming to work under the influence . • But see PA law: Employers may not discipline employees for being under the influence unless the employee’s conduct falls below the standard of care normally accepted for that position . The Difficult Questions • Off Duty Use: • May employers with drug testing policies still test for cannabis in states where use is legal? • May employers have a zero tolerance policy, and refuse to hire individuals who use cannabis, even completely outside of work? • How does an employer determine whether an employee is under the influence? Sources of Restrictions on Ability to Take Action Based on Off Duty Use (1) State cannabis statutes expressly prohibiting discrimination or requiring accommodation of off duty use . (2) State laws prohibiting discrimination against employees who engage in lawful activities outside of work. (3) General anti-discrimination statutes requiring employers to provide reasonable accommodations to qualified employees with disabilities . Cannabis Statutes Prohibiting Discrimination • Many state medical cannabis statutes expressly prohibit discrimination against individuals simply because they use medical marijuana ( e.g. IL, DE, ME, PA) • DE statute expressly provides no action maybe taken on positive drug test, absent evidence of use or impairment at work. • These laws typically permit adverse action if necessary to comply with a federal contract, to qualify for federal funding, or if required under federal law . Cannabis Statutes Affirmatively Requiring Accommodation • In New York, certified patients are deemed to have a disability under the New York State Human Rights Law . • Thus, New York employers with 4 or more employees are not only prohibited from terminating / disciplining an individual who is a user, but must provide reasonable accommodations .

FAQs

What does federal law say about cannabis in the workplace?

Cannabis is treated as a controlled substance under federal law, described as a Schedule 1 drug with high addictive potential and no medical value in the presentation’s overview.

How do state cannabis laws differ in terms of legalization?

The presentation notes a “mixed bag”: some states keep cannabis illegal, some legalize only medical use, and others legalize both medical and recreational cannabis.

When employers test for cannabis or apply zero-tolerance policies to off-duty use, what key questions arise?

It highlights whether drug testing can include cannabis where use is legal, whether employers may use zero-tolerance hiring refusals for off-duty cannabis use, and how employers determine if an employee is under the influence.

Sep 18, 2026

Upload by Genevieve