Proposed Prop 64 Changes. SHRM Law Day Prop 64, California Marijuana Legalization Initiative aka Adult Use of Marijuana Act.

Size: px
Start display at page:

Download "Proposed Prop 64 Changes. SHRM Law Day Prop 64, California Marijuana Legalization Initiative aka Adult Use of Marijuana Act."

Transcription

1 SHRM Law Day 2017 WORKPLACE DRUG POLICY CONUNDRUMS: MARIJUANA LEGALIZATION, ALCOHOL, AND MORE Presented by: Christopher W. Olmsted Ogletree Deakins Prop 64, California Marijuana Legalization Initiative aka Adult Use of Marijuana Act. On the November 8, 2016, CA will vote on whether to legalize recreational marijuana and hemp. Recent polls: likely to pass. Recreational marijuana on ballot in *5 states, California, Arizona, Maine, Massachusetts and Nevada. Medical marijuana on ballot *4 states - Arkansas, Florida, Montana, Missouri Proposed Prop 64 Changes Over 21 may possess/ use marijuana for recreational purposes. Taxes on cultivation and retail - revenue spent on research, treatment, and enforcement. Smoking okay in private home or at licensed business. Smoking illegal while driving, where tobacco prohibited, in public places. May possess 28.5/8 grams of marijuana or concentrate. Illegal to possess at school, day care center, youth center while children present. May grow up to 6 plants at home in locked area not visible from a public place. 1

2 A Brief History of Marijuana Federal prohibition (1937-present) Controlled Substances Act (1970) Medical Marijuana (1996-present) Starting in CA, now includes 20+ states plus D.C. Recreational Use (Nov present) CO, AK, WA, OR and D.C. legalize Marijuana in the Workplace Marijuana is legal medically in 26 jurisdictions: Alaska Arizona California Colorado Connecticut District of Columbia Delaw are Haw aii Illinois Maine Maryland Massachusetts Michigan Minnesota Montana Nevada New Hampshire New Jersey New Mexico New York Ohio Oregon Pennsylvania Rhode Island Vermont Washington Marijuana in the Workplace Marijuana is legal recreationallyin five jurisdictions: Alaska Oregon Colorado Washington District of Columbia Eight states have measureson the ballotto legalize recreational marijuana: Arkansas California Maine Missouri Arizona Florida Massachusetts Florida Marijuana usage is broad-based,particularlyamong youngeramericans: 31.6% of people ages and 9.2% of people age 26 and older used marijuana in A CDC reportshows thatfrom ,marijuana use increased among people aged by50 percent. Marijuana use in people over 65 is up 333 percent since 2002.And use in the 55- to 64-year-old age group spiked byan incredible 455 percent. 2

3 Federal Prohibition: Controlled Substances Act Marijuana Remains a Schedule I Narcotic Manufacture, sale, distribution, possession are still prohibited under federal law No DEA-certified doctor may prescribe marijuana California s Compassionate Use Act of 1996 Seriously ill persons authorized to use for medical purposes upon their doctor s recommendation Includes treatment of: cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief Marijuana in the Workplace Generally, there is no legal protection for use, possession or intoxication at work. Some jurisdictions including California (Colorado, Delaware, Illinois, Montana, Nevada, New Hampshire, and Washington) expressly allow employers to enforce their drug-free workplace policies. 3

4 Marijuana in the Workplace CA Health & Safety Code : Nothing in this article shall require any accommodation of any medical use of marijuana on the property or premises of any place of employment or during the hours of employment Ross v. Raging Wire (CA Supreme Court 2008) Applicant for employment tested positive for marijuana, used marijuana for medical reasons. Evaluated on premises v. off premises use. Held that employer need not accommodate on or off premises use. Coats v. Dish Network (CO Supreme Court 6/2015) Alleged Conduct Off duty, medical, not recreational, marijuana use; non-safety sensitive job; failed random drug test; zero tolerance drug policy; terminated. Argument CO s Lawful Activities Act prohibits discharge for engaging in any lawful activity off the premises of the employer during nonworking hours. Court: Under CO s Lawful Activities Act, lawful activity must be permitted by state and federal law; marijuana illegal under federal law (Controlled Substances Act); discharge was lawful. 4

5 Coats v. Dish Network Potential Impact Lawful off-duty conduct statutes exist in approximately thirty-five states. California Labor Code section 96(k) Other states courts may follow Coats v. Dish Network (but it is not legally binding). Marijuana laws (recreational and medical) vary widely state to state. CO s recreational marijuana statute (and CA Prop 64) expressly allows employers to enforce their drug-free workplace policies. What Do Evolving Marijuana Laws Mean for Employers? Most state medical marijuana laws: employers not required to accommodate use, consumption, possession, sale, etc. of marijuana in the workplace. Employers in most states can prohibit marijuana use by employees, even off duty. Exceptions: AZ, CT, DE, IL, ME, MN, RI Might California also become an exception in the future? Stay tuned. ADA/FMLA Considerations No duty to accommodate illegal drug use. Recovering addict provisions. But, employer may have a duty to engage in the interactive process if the employer has reason to believe the employee is disabled. Employer may also have to consider whether FMLA or other leave is appropriate for underlying medical condition. 5

6 Should Marijuana Use be Permitted? Risk of injury to employees, customers, property. Protection of safe work environment. OSHA General Duty Clause Section 5(a): Each employer (1) shall furnish to each of his employees employmentand a place of employmentwhich are free from recognized hazards that are causing orare likelyto cause death or serious physical harm to his employees. Workplace Safety Standards Under DOT regulations, marijuana use prohibited for safety-sensitive employees: Bus drivers and subway operators (FTA) Truck drivers (FMCSA) Pilots and aircraft maintenance personnel (FAA) Locomotive engineers (FRA) Ship captains and crews (USCG) Workplace Safety Standards DFWA (Drug-Free Workplace Act) applies to certain federal contract/grant recipients: Does notrequire drug testing in the workplace Does notrequire employers to fire employees for positive drug test Requires continuous good faith efforts to maintain a drug-free workplace by: 1. Publishing and distributinga policy 2. Specifyingactions for policy violations 3. Providing education aboutdrug use and employee assistanceprograms 6

7 Safety Concerns It Is Not Just Pot Central nervous system effects Short-term memory problems Impaired learning and thinking Changes in sensory perception Altered thought formation and expression Impaired motor performance Loss of balance and coordination Decreased attentiveness and alertness Prolonged response time to stimuli and danger Decreased ability to judge distance and space Impaired ability to perform complex tasks Safety Concerns Worker Impairment Acute vs. Residual Impairment Decreased hand-eye coordination (even when not acutely intoxicated) Amotivational syndrome (even when not acutely intoxicated) Duration of impairment may be longer than thought Up to hours Increased potency of product Casual vs. chronic user 5 ng/ml THC serum level (not blood level) cutoff proposed by ACOEM What Should Employers Do Now? Review Drug Free Workplace Policy Implement supervisor training Provide employee education Consider drug testing Offer employee assistance 7

8 Sample Policy Language Note that it is the intention of the company to comply with state and federal laws. Where state and federal law differ, however, the company will typically comply with federal law. The company also may be required to comply with federal law for employees in federally-regulated positions. For example, some state laws permit the use and possession of marijuana for medical and/or non-medical purposes. Federal law does not. In the absence of state law to the contrary, the company considers marijuana to be an illegal drug for purposes of this policy in all locations even those that allow for medical and/or non-medical use. Legal Challenges, Hurdles, Pitfalls Invasion of Privacy Intentional Infliction of Emotional Distress Retaliation ADA Voluntary disclosure Prior drug use or abuse v. current use New OSHA Rules Regarding Post- Accident Drug/Alcohol Testing OSHA is concerned that certain post-accident drug/alcohol tests could act to chill reporting of workplace inquiries 5/12/16 Anti-retaliation provisions attempt to address this How new rule will be enforced is unclear Does notban post-accidentdrug testing Limited to incidents in which employee drug use is likelyto have contributed to the incident and where testing can accuratelyidentifyimpairmentcaused by drug use Bee sting,repetitive motion strain,injurydue to lackof guard Reasonable possibilitythat drug use was a factor in injury 8

9 New OSHA Rules Regarding Post- Accident Drug/Alcohol Testing Recommended language Post-Accident Testing: Covered Persons will be drug/alcohol tested if the following conditions occur (where permitted by applicable law): (A) there is a reasonable possibility that drug/alcohol use may have been a contributing factor to the reported injury or accident, and (B) the injury or accident resulted in medical treatment beyond first aid or property damage in any amount. Drug testing under this section will be applied in a neutral fashion, to foster a safe work environment, and only to identify drug/alcohol use in the recent past. Testing under this section will not be undertaken to retaliate against employees for reporting workplace injuries. Hypothetical #1 Walter White is a receptionist at a software development company. He s distributing the mail and slams the mail cart into a co-worker, injuring the co-worker. Can the company send Walter out for drug testing? Hypothetical #2 Jesse Pinkman works in a warehouse as a forklift operator. He drives the forklift into a pallet of goods, which then fall on him. He becomes injured and submits a worker s compensation claim. Can the company send Jesse out for drug testing? 9

10 Hypothetical #3 Mary Jane comes to work with red eyes and smells of marijuana. Can you send her for drug testing? What if she tells you she ll fail because she is using medical marijuana because she has cancer? Questions? Chris Olmsted (858)

This Webcast Will Begin Shortly

This Webcast Will Begin Shortly This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! Recreational and Medical Marijuana

More information

Medical Marijuana Compliance. Neil Alexander and Sarah Watt Littler Mendelson P.C. May 9, 2017

Medical Marijuana Compliance. Neil Alexander and Sarah Watt Littler Mendelson P.C. May 9, 2017 Medical Marijuana Compliance Neil Alexander and Sarah Watt Littler Mendelson P.C. May 9, 2017 Presented by: Neil Alexander Shareholder, Littler Phoenix 602-474-3612, NAlexander@littler.com NAlexander@littler.com

More information

Seeing through the Smoke: Preparing Your Workplace for Legalized Marijuana. October 23, 2018

Seeing through the Smoke: Preparing Your Workplace for Legalized Marijuana. October 23, 2018 Seeing through the Smoke: Preparing Your Workplace for Legalized Marijuana October 23, 2018 Let s Be Blunt... With the many new state laws being passed legalizing medical and recreational marijuana, employers

More information

THE EVOLVING WORLD OF MEDICAL MARIJUANA AND EMPLOYMENT DRUG SCREENING

THE EVOLVING WORLD OF MEDICAL MARIJUANA AND EMPLOYMENT DRUG SCREENING THE EVOLVING WORLD OF MEDICAL MARIJUANA AND EMPLOYMENT DRUG SCREENING Navigating the fragmented legal landscape Given the diverse and global nature of today s workforce, employers recognize the need to

More information

Medical marijuana vs. workplace policy

Medical marijuana vs. workplace policy December 27, 2017 Medical marijuana vs. workplace policy Navigating the intersection of medical marijuana laws, disability discrimination laws and zero-tolerance drug policies by Philip Siegel It seems

More information

Working Through The Haze: What Legal Marijuana Means For Nevada Employers

Working Through The Haze: What Legal Marijuana Means For Nevada Employers Working Through The Haze: What Legal Marijuana Means For Nevada Employers Publication 12/14/2016 Dora Lane Partner 775.327.3045 Reno, Las Vegas dlane@hollandhart.com Anthony Hall Partner 775.327.3000 Reno,

More information

Smoke and Mirrors: Navigating Medical Marijuana in the Workplace

Smoke and Mirrors: Navigating Medical Marijuana in the Workplace Smoke and Mirrors: Navigating Medical Marijuana in the Workplace Douglas P. Currier Elizabeth Connellan Smith dcurrier@verrilldana.com esmith@verrilldana.com (207) 253-4450 (207) 253-4460 Some Statistics

More information

Navigating Marijuana Law in the Workplace

Navigating Marijuana Law in the Workplace Navigating Marijuana Law in the Workplace Christina A. Stoneburner, Esq. 2018 Fox Rothschild Use of Marijuana and Drugs Increasing Job applicants are testing positive for marijuana, cocaine, amphetamine

More information

The Marijuana Law Trend and Resulting Impact on Healthcare Providers

The Marijuana Law Trend and Resulting Impact on Healthcare Providers The Marijuana Law Trend and Resulting Impact on Healthcare Providers By Jill Brooks, M.D., CHCO and Sheba E. Vine, Esq., CPCO As originally published in Compliance Today, April 2017. Table of Contents

More information

Medical Marijuana Legalization Summit 2017

Medical Marijuana Legalization Summit 2017 Medical Marijuana Legalization Summit 2017 Effects on Employers Adam D. Kemper, Esq., Greenspoon Marder Stephanie C. Mazzola, Esq., Tripp Scott Disclaimer Legal advice may only be provided by an attorney

More information

MARIJUANA IN THE PUBLIC WORKPLACE PHILIP A. TOOMEY

MARIJUANA IN THE PUBLIC WORKPLACE PHILIP A. TOOMEY MARIJUANA IN THE PUBLIC WORKPLACE PHILIP A. TOOMEY ROADMAP Current Legal Issues Current Medical Research Drug and Alcohol Policies Practical Considerations Enforcement and Reasonable Suspicion Questions

More information

Marijuana in the Workplace: The 411 on 420

Marijuana in the Workplace: The 411 on 420 Marijuana in the Workplace: The 411 on 420 Richard Moon rmoon@verrilldana.com Tawny Alvarez talvarez@verrilldana.com Outline Super-brief history of legal cannabis Federal position as to marijuana State

More information

2011 Jackson Lewis LLP. Prop 203 Passes by Thread

2011 Jackson Lewis LLP. Prop 203 Passes by Thread The Arizona Medical Marijuana Act: The Implications for Employers SCCE s Regional Compliance & Ethics Conference Jeffrey Toppel Jackson Lewis P.C., Phoenix 2398 E. Camelback Road Suite 1060 Phoenix, Arizona

More information

LEGALIZED MARIJUANA IMPACT ON CALIFORNIA

LEGALIZED MARIJUANA IMPACT ON CALIFORNIA LEGALIZED MARIJUANA IMPACT ON CALIFORNIA EMPLOYERS & DRUG TESTING POLICIES Presenter: Adrian Hoppes, Esq. www.holdenlawgroup.com Overview What Prop 64 Does Impact on California Employers Reasonable Suspicion

More information

Prop 203 Passes by Thread

Prop 203 Passes by Thread The Arizona Medical Marijuana Act: The Implications for Employers SCCE s Regional Compliance & Ethics Conference Jeffrey Toppel Jackson Lewis P.C., Phoenix 2398 E. Camelback Road Suite 1060 Phoenix, Arizona

More information

Workplace Drug Policies and Employee Drug Testing in the Era of Marijuana Legalization

Workplace Drug Policies and Employee Drug Testing in the Era of Marijuana Legalization ABA Forum on Construction Law Division 11 Hot Topic July 20, 2017 Workplace Drug Policies and Employee Drug Testing in the Era of Marijuana Legalization Christine M. Burke Lorenger & Carnell PLC 651 South

More information

MEDICAL MARIJUANA and Workplace Safety Legal Issues Presented by: Phillip B. Russell

MEDICAL MARIJUANA and Workplace Safety Legal Issues Presented by: Phillip B. Russell MEDICAL MARIJUANA and Workplace Safety Legal Issues Presented by: Phillip B. Russell Feb. 9, 2018 Construction Conference. Phillip B. Russell Practical OSHA and Employment Lawyer for Businesses Results-focused

More information

Diane E. Hoffmann, J.D., M.S. University of Maryland School of Law

Diane E. Hoffmann, J.D., M.S. University of Maryland School of Law Diane E. Hoffmann, J.D., M.S. University of Maryland School of Law States that have decriminalized medical marijuana Characteristics of State Laws Allow patients to use and possess (and in most states

More information

Tony Comden Stephanie Quist

Tony Comden Stephanie Quist Tony Comden Stephanie Quist The materials and information have been prepared for informational purposes only. This is not legal advice, nor intended to create or constitute a lawyer-client relationship.

More information

The Highs and Lows of Marijuana Legalization International Association of Gaming Advisors

The Highs and Lows of Marijuana Legalization International Association of Gaming Advisors The Highs and Lows of Marijuana Legalization International Association of Gaming Advisors May 31, 2017 William Bogot, Esq. 2017 Fox Rothschild POSITIONS OF STATE GAMING REGULATORS AS TO THEIR LICENSEES

More information

Navigating the Rapidly Changing World of Marijuana and the Workplace. January 16, 2018

Navigating the Rapidly Changing World of Marijuana and the Workplace. January 16, 2018 Legal Update Navigating the Rapidly Changing World of Marijuana and the Workplace January 16, 2018 Within the last few years, 28 states and the District of Columbia have legalized marijuana in varying

More information

Instant Drug Testing State Law Guide

Instant Drug Testing State Law Guide Instant Drug Testing State Law Guide State Alabama Alaska Arizona POCT / Instant Testing Status Comment outside this voluntary law but not by companies that wish to qualify for the WC discount. FDA-cleared

More information

States with Authority to Require Nonresident Pharmacies to Report to PMP

States with Authority to Require Nonresident Pharmacies to Report to PMP States with Authority to Require Nonresident Pharmacies to Report to PMP Research current through May 2016. This project was supported by Grant No. G1599ONDCP03A, awarded by the Office of National Drug

More information

This Webcast Will Begin Shortly

This Webcast Will Begin Shortly This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 Up in Smoke: Drug Testing and the

More information

Drug and Alcohol Testing in the Workplace

Drug and Alcohol Testing in the Workplace Drug and Alcohol Testing in the Workplace Presented for ACC by: Kathryn J. Russo Jackson Lewis P.C. Long Island Kathryn.Russo@jacksonlewis.com 631-247-4606 Matthew F. Nieman Jackson Lewis P.C. Washington

More information

Jokers, Tokers & Midnight Smokers: Weed in the Workplace? Alden J. Parker Regional Managing Partner, Sacramento Fisher Phillips

Jokers, Tokers & Midnight Smokers: Weed in the Workplace? Alden J. Parker Regional Managing Partner, Sacramento Fisher Phillips Jokers, Tokers & Midnight Smokers: Weed in the Workplace? Alden J. Parker Regional Managing Partner, Sacramento Fisher Phillips Overview: Status of the Law State vs. Federal Overview of Prop 64 Drug Testing

More information

Medical Marijuana and Student Health. New England College Health Association Gordon H. Smith, Esq. October 30, 2014

Medical Marijuana and Student Health. New England College Health Association Gordon H. Smith, Esq. October 30, 2014 Medical Marijuana and Student Health New England College Health Association Gordon H. Smith, Esq. October 30, 2014 Medical Marijuana Laws Alaska (1998) Arizona (1996, 2010) California (1996) Colorado (2000)

More information

Maine s Medical Marijuana Law. 40 th Annual ASMAC Fall Conference Ritz Carlton Lake Tahoe October 26, 2014

Maine s Medical Marijuana Law. 40 th Annual ASMAC Fall Conference Ritz Carlton Lake Tahoe October 26, 2014 Maine s Medical Marijuana Law 40 th Annual ASMAC Fall Conference Ritz Carlton Lake Tahoe October 26, 2014 Medical Marijuana Laws Alaska (1998) Arizona (1996, 2010) California (1996) Colorado (2000) Delaware

More information

HR UP IN SMOKE: THE INTERSECTION BETWEEN MARIJUANA LEGALIZATION AND EMPLOYMENT LAW. Michigan Municipal League

HR UP IN SMOKE: THE INTERSECTION BETWEEN MARIJUANA LEGALIZATION AND EMPLOYMENT LAW. Michigan Municipal League Michigan Municipal League HR UP IN SMOKE: THE INTERSECTION BETWEEN MARIJUANA LEGALIZATION AND EMPLOYMENT LAW Michigan Association of Planning 2018 Annual Fall Convention Grand Rapids, MI September 20,

More information

A Legal Look at Medical Marijuana. John J. Clifford, Esq. Clifford and Kenny, LLP 171 Rockland Street Hanover, MA 02339

A Legal Look at Medical Marijuana. John J. Clifford, Esq. Clifford and Kenny, LLP 171 Rockland Street Hanover, MA 02339 A Legal Look at Medical Marijuana John J. Clifford, Esq. Clifford and Kenny, LLP 171 Rockland Street Hanover, MA 02339 What is the Law? Federal Law o Marijuana is an illegal controlled substance under

More information

Medical Marijuana Responsible for Traffic Fatalities Alfred Crancer, B.S., M.A.; Phillip Drum, Pharm.D.

Medical Marijuana Responsible for Traffic Fatalities Alfred Crancer, B.S., M.A.; Phillip Drum, Pharm.D. Medical Marijuana Responsible for Traffic Fatalities Alfred Crancer, B.S., M.A.; Phillip Drum, Pharm.D. Abstract In California, where only 25% of the drivers in fatal crashes are tested for drugs, 252

More information

Medical Marijuana In the Workplace

Medical Marijuana In the Workplace Medical Marijuana In the Workplace Society of Corporate Compliance and Ethics Lisa M. Coulter 602-382-6348 lcoulter@swlaw.com Rebecca Winterscheidt 602-382-6343 bwinterscheidt@swlaw.com Michael Walker

More information

Medical Marijuana In the Workplace

Medical Marijuana In the Workplace Medical Marijuana In the Workplace Society of Corporate Compliance and Ethics Lisa M. Coulter 602-382-6348 lcoulter@swlaw.com Rebecca Winterscheidt 602-382-6343 bwinterscheidt@swlaw.com Michael Walker

More information

Medical & Recreational Marijuana in the Workplace: Must Employers in the US Allow It? 1

Medical & Recreational Marijuana in the Workplace: Must Employers in the US Allow It? 1 ASSOCIATION OF CORPORATE COUNSEL March 4, 2015 Matthew F. Nieman, Esq. Jackson Lewis P.C. (703) 483-8331 Medical & Recreational Marijuana in the Workplace: Must Employers in the US Allow It? 1 INTRODUCTORY

More information

Insight. Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use NOVEMBER 9, 2016

Insight. Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use NOVEMBER 9, 2016 IN-DEPTH DISCUSSION NOVEMBER 9, 2016 Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use BY NANCY DELOGU AND EUNJU PARK Election Day 2016 proved

More information

Drug Testing and Marijuana in the New England Workplace. Presented by: Charlie Einsiedler and Dan Strader October 11, 2018

Drug Testing and Marijuana in the New England Workplace. Presented by: Charlie Einsiedler and Dan Strader October 11, 2018 Drug Testing and Marijuana in the New England Workplace Presented by: Charlie Einsiedler and Dan Strader October 11, 2018 Overview of Presentation What laws apply in each state? May employers prohibit

More information

Marijuana. Module 4 ALLIED TRADES ASSISTANCE PROGRAM PREVENTATIVE EDUCATION: SUBSTANCE USE DISORDER

Marijuana. Module 4 ALLIED TRADES ASSISTANCE PROGRAM PREVENTATIVE EDUCATION: SUBSTANCE USE DISORDER Marijuana Module 4 ALLIED TRADES ASSISTANCE PROGRAM PREVENTATIVE EDUCATION: SUBSTANCE USE DISORDER Marijuana Pot Grass Weed Reefer Herb Mary Jane MJ Whatever you call it, marijuana is the nations most

More information

Cohen & Grigsby, P.C., progressive law.

Cohen & Grigsby, P.C., progressive law. The Practical & Legal Issues of Dealing with Substance Abuse In The Workplace Presented by John E. Lyncheski, Esquire SUBSTANCE ABUSE WHY WORRY? 70 % of All Illegal Drug Users and 90% of All Alcoholics

More information

Medical Marijuana Legalization and the Impact on Colorado s Counties. CCAP Workshop

Medical Marijuana Legalization and the Impact on Colorado s Counties. CCAP Workshop Medical Marijuana Legalization and the Impact on Colorado s Counties CCAP Workshop Well, how did we get here? The times, they are a-changing - Bob Dylan Colorado Pot Timeline 2000 Colorado voters pass

More information

FAQ s - Drugs and Alcohol

FAQ s - Drugs and Alcohol FAQ s - Drugs and Alcohol Q. What laws regulate employee drug and alcohol testing? A. Workplace drug and alcohol testing is regulated by both the Americans with Disabilities Act and the Fair Labor Standards

More information

Reefer Mania: The State of Medical Marijuana in Florida

Reefer Mania: The State of Medical Marijuana in Florida Reefer Mania: The State of Medical Marijuana in Florida Amanda G. Chafin Amanda.chafin@bipc.com Brief History of Medical Marijuana in Florida May 2014 Legislature approves Compassionate Medical Cannabis

More information

Dazed and Confused: Current Status of State Medical Marijuana Laws and What They Mean for Employers 1

Dazed and Confused: Current Status of State Medical Marijuana Laws and What They Mean for Employers 1 ASSOCIATION OF CORPORATE COUNSEL JUNE 4, 2014 Kathryn J. Russo, Esq. Jackson Lewis P.C. (631) 247-4606 Dazed and Confused: Current Status of State Medical Marijuana Laws and What They Mean for Employers

More information

ADVERTISING - CALIFORNIA

ADVERTISING - CALIFORNIA MEDICAL MARIJUANA ADVERTISING - CALIFORNIA ADVERTISING - ARIZONA STATE LEGISLATION Number of dispensaries Statewide 1 for every 10 pharmacies, Estimated 124 County (minimum 1) City (estimated 3 5) Agents

More information

THE STATE OF THE STATES-A REPORT ON MEDICAL CANNABIS PROGRAMS MID YEAR MEETING AND SCIENTIFIC SEMINAR APRIL 13, 2018 NASHVILLE, TENNESSEE DEBBY MIRAN

THE STATE OF THE STATES-A REPORT ON MEDICAL CANNABIS PROGRAMS MID YEAR MEETING AND SCIENTIFIC SEMINAR APRIL 13, 2018 NASHVILLE, TENNESSEE DEBBY MIRAN THE STATE OF THE STATES-A REPORT ON MEDICAL CANNABIS PROGRAMS MID YEAR MEETING AND SCIENTIFIC SEMINAR APRIL 13, 2018 NASHVILLE, TENNESSEE DEBBY MIRAN LEARNING OBJECTIVES Participants will learn about each

More information

In New York State. Highly Worth It OR Not??? Medical Marijuana. The Truths 3/29/2018. True or False???

In New York State. Highly Worth It OR Not??? Medical Marijuana. The Truths 3/29/2018. True or False??? Medical Marijuana In New York State Highly Worth It OR Not??? Medical Marijuana True or False??? 1. Providers write prescriptions for medical marijuana true or false 2. Medical marijuana in NYS gives people

More information

Medical Advisory Board. reviews medical issues for licensure regarding individual drivers. medical conditions. not specified. reporting encouraged,

Medical Advisory Board. reviews medical issues for licensure regarding individual drivers. medical conditions. not specified. reporting encouraged, State Reporting Regulations for Physicians Adapted from the Physician s Guide to Assessing and Counseling Older Drivers 44 and Madd.org 45 State Physician/Medical Reporting (NOTE MERGED CELLS) Mandatory,

More information

Potential Employer Issues:

Potential Employer Issues: Up In Smoke? What Marijuana Legalization Means for Employers Danielle H. Moore Fisher Phillips, Partner (858) 597-9616 dmoore@ Potential Employer Issues: Can we still refuse to hire marijuana users? Can

More information

The Crazy World of

The Crazy World of The Crazy World of Marijuana@Work 1 Focus Today Medical Marijuana Overview where are we at this moment. Impact on the workplace. Differences in state laws. Key court decisions. Don t forget State Drug

More information

National Deaf Center on Postsecondary Outcomes. Data Interpretation Guide for State Reports: FAQ

National Deaf Center on Postsecondary Outcomes. Data Interpretation Guide for State Reports: FAQ National Deaf Center on Postsecondary Outcomes Data Interpretation Guide for State Reports: FAQ This document was developed under a grant from the U.S. Department of Education, OSEP #HD326D160001. However,

More information

ARIZONA MEDICAL MARIJUANA PROGRAM. Tina Wesoloskie, MPA Office of Medical Marijuana Card Registry Arizona Department of Health Services

ARIZONA MEDICAL MARIJUANA PROGRAM. Tina Wesoloskie, MPA Office of Medical Marijuana Card Registry Arizona Department of Health Services ARIZONA MEDICAL MARIJUANA PROGRAM Tina Wesoloskie, MPA Office of Medical Marijuana Card Registry Arizona Department of Health Services Learning Objectives: List two medical conditions that qualify for

More information

CALPELRA Annual Conference December 5, 2018

CALPELRA Annual Conference December 5, 2018 CALPELRA Annual Conference December 5, 2018 Up In Smoke: Addressing the Legalization of Marijuana And its Effect on Drug Policies, and Other Best Practices for Drug Policies Presented by: Alison Alpert

More information

EMERGING RISK IN MEDICAL MARIJUANA. Anthony E. Abeln, Esq. Noel B. Dumas, Esq.

EMERGING RISK IN MEDICAL MARIJUANA. Anthony E. Abeln, Esq. Noel B. Dumas, Esq. EMERGING RISK IN MEDICAL MARIJUANA Anthony E. Abeln, Esq. Noel B. Dumas, Esq. Legalized Medical Marijuana 28 States/Districts Have Legalized Medicinal Use of Marijuana In One Form Or Another Alabama Alaska

More information

An HR Perspective: Medical Marijuana and How it Affects Employers

An HR Perspective: Medical Marijuana and How it Affects Employers An HR Perspective: Medical Marijuana and How it Affects Employers Somany Pich, Human Resources Consultant, Clemans Nelson & Associates; and Brian D. Butcher, VP/Chief Operations Officer, Clemans Nelson

More information

2012 Medicaid and Partnership Chart

2012 Medicaid and Partnership Chart 2012 Medicaid and Chart or Alabama $525,000.00 $4,800.00 Minimum: 25,000.00 Alaska $525,000.00 Depends on area of state; Minimum: $113,640 $10,000 in Anchorage $1,656 Minimum:$1838.75 Maximum:$2,841 Minimum:

More information

Drugs & Alcohol in the Workplace: A Legal Introduction

Drugs & Alcohol in the Workplace: A Legal Introduction Minnesota Safety Council Drugged Driving Summit Drugs & Alcohol in the Workplace: A Legal Introduction Presented by: Craig W. Trepanier Attorney at Law Trepanier MacGillis Battina P.A. Kathy Bray Corporate

More information

What Colorado Employers Need To Know About Marijuana and Workers Compensation

What Colorado Employers Need To Know About Marijuana and Workers Compensation What Colorado Employers Need To Know About Marijuana and Workers Compensation In partnership with Pinnacol Assurance Page 1 ALTHOUGH IT S BEEN A FEW YEARS since the recreational use of marijuana was legalized

More information

12/10/2014. OraSure Technologies. Or Call: 800-ORASURE. DATIA December 10, DATIA December 10, 2014

12/10/2014. OraSure Technologies.   Or Call: 800-ORASURE. DATIA December 10, DATIA December 10, 2014 DATIA December 10, 2014 DATIA December 10, 2014 OraSure Technologies OraSure Technologies is the maker of the Intercept Oral Fluid Drug Test, a lab-based oral fluid testing system that was ranked as the

More information

Prevalence of Self-Reported Obesity Among U.S. Adults by State and Territory. Definitions Obesity: Body Mass Index (BMI) of 30 or higher.

Prevalence of Self-Reported Obesity Among U.S. Adults by State and Territory. Definitions Obesity: Body Mass Index (BMI) of 30 or higher. Prevalence of Self-Reported Obesity Among U.S. Adults by State and Territory Definitions Obesity: Body Mass Index (BMI) of 30 or higher. Body Mass Index (BMI): A measure of an adult s weight in relation

More information

Torkin Manes LegalPoint

Torkin Manes LegalPoint LegalPoint JULY 2017 Marijuana and the Canadian Workplace The possession, use and sale of marijuana in Canada presently remains unlawful under the Controlled Drugs and Substances Act, but its use for medical

More information

SUMMARY OF SYNTHETIC CANNABINOID BILLS

SUMMARY OF SYNTHETIC CANNABINOID BILLS SUMMARY OF SYNTHETIC CANNABINOID BILLS Alabama: H.B. 163, S.B. 235, S.B. 283 indefinitely postponed as of 6/1/2011 - amends existing statute regarding chemical compounds to add JWH-200 and CP 47,497 Alaska:

More information

The Effects of Marijuana Legalization on Schools

The Effects of Marijuana Legalization on Schools The Effects of Marijuana Legalization on Schools Property and Casualty Coverage for Education (PACE) Conference Marilee Scarbrough In-House Legal Counsel, Vancouver Public Schools April 21, 2016 Objectives

More information

Workplace Issues Associated with Legalized Marijuana. James B. Yates, Esq., SHRM-SCP, SPHR

Workplace Issues Associated with Legalized Marijuana. James B. Yates, Esq., SHRM-SCP, SPHR Workplace Issues Associated with Legalized Marijuana James B. Yates, Esq., SHRM-SCP, SPHR jbyates@eastmansmith.com Agenda: Nationwide legalization efforts Ohio s medical marijuana law The impact of medical

More information

City Council Agenda Report Meeting Date: March 7, 2017

City Council Agenda Report Meeting Date: March 7, 2017 City Council Agenda Report TO: CC: FROM: BY: RE: Honorable Mayor and City Council Mark Orme, City Manager Debbie Presson, City Clerk Vincent C. Ewing, City Attorney Norma Copado, Deputy City Attorney City

More information

Understanding Maine s Medical Marijuana Law

Understanding Maine s Medical Marijuana Law Understanding Maine s Medical Marijuana Law Maine Pharmacy Association May 20, 2011 Background 1999: Maine Medical Marijuana Act passes as initiated bill (I.B.) Authorizes medical use of marijuana for

More information

Responses to a 2017 Survey on State Policies Regarding Community Health Workers: Home Visiting to Improve the Home Environment

Responses to a 2017 Survey on State Policies Regarding Community Health Workers: Home Visiting to Improve the Home Environment Responses to a 2017 Survey on State Policies Regarding Community Health Workers: Home Visiting to Improve the Home Environment The National Academy for State Health Policy (NASHP), with support from the

More information

Marijuana and the Public Workplace

Marijuana and the Public Workplace Marijuana and the Public Workplace ELIZABETH B. VALERIO, ESQ. DEUTSCH WILLIAMS BROOKS DERENSIS & HOLLAND, P.C. ONE DESIGN CENTER PLACE, SUITE 600 BOSTON, MA 02210 EVALERIO@DWBOSTON.COM June 12, 2017 The

More information

Medical Marijuana (Cannabis) and Workplace Drug Testing and Safety. Joel Blanchard MD FACEP

Medical Marijuana (Cannabis) and Workplace Drug Testing and Safety. Joel Blanchard MD FACEP Medical Marijuana (Cannabis) and Workplace Drug Testing and Safety Joel Blanchard MD FACEP Objectives History of Marijuana use for medical purposes Legal history of marijuana in the US Forms of Marijuana

More information

Medical Marijuana: Is Green & Leafy Really Good for You? Objectives 2/14/2015. Do you live in a state where medical Marijuana is legal?

Medical Marijuana: Is Green & Leafy Really Good for You? Objectives 2/14/2015. Do you live in a state where medical Marijuana is legal? Medical Marijuana: Is Green & Leafy Really Good for You? Mary E. Peterson, RN, ANP-BC, AOCNP Marci Andrejko, RN, OCN Dr. Parag Bharadwaj, MD Dr. Maggie McCallen, PharmD Objectives Review the history of

More information

2018 HPV Legislative Report Card

2018 HPV Legislative Report Card 2018 HPV Legislative Report Card This report card is a snapshot of each state s documented efforts to enact or introduce HPV vaccine legislation to improve education and awareness, or provide access to

More information

Pennsylvania s Medical Marijuana Act and the Creation of a New Protected Class of Employees. Agenda

Pennsylvania s Medical Marijuana Act and the Creation of a New Protected Class of Employees. Agenda Pennsylvania s Medical Marijuana Act and the Creation of a New Protected Class of Employees Presented by: Joshua Schwartz Agenda The Medical Marijuana Act Implementation and Basic Requirements Employment

More information

In The Supreme Court of the United States

In The Supreme Court of the United States No. 13-84 ================================================================ In The Supreme Court of the United States AMERICANS FOR SAFE ACCESS, et al., v. Petitioners, DRUG ENFORCEMENT ADMINISTRATION,

More information

Alcohol and Substance Abuse Policy

Alcohol and Substance Abuse Policy Alcohol and Substance Abuse Policy (Company name) is a drug and alcohol-free workplace. The use of or being under the influence of illegal drugs and/or alcohol is inconsistent with the behavior expected

More information

EPISCOPAL DIOCESE OF ALABAMA DRUG AND ALCOHOL POLICY

EPISCOPAL DIOCESE OF ALABAMA DRUG AND ALCOHOL POLICY EPISCOPAL DIOCESE OF ALABAMA DRUG AND ALCOHOL POLICY 1. Rules 2. Testing 3. Testing Procedure 4. Searches 5. Drug-Free Awareness 6. Discipline 7. Interpretations The Episcopal Diocese of Alabama (the Diocese)

More information

ACEP National H1N1 Preparedness Survey Results

ACEP National H1N1 Preparedness Survey Results 1) On a scale from 1 to 10 (10 being totally prepared and 1 being totally unprepared), do you think your hospital is prepared to manage a surge of H1N1 flu patients this fall and winter? (totally prepared)

More information

Percent of U.S. State Populations Covered by 100% Smokefree Air Laws April 1, 2018

Percent of U.S. State Populations Covered by 100% Smokefree Air Laws April 1, 2018 Defending your right to breathe smokefree air since 1976 Percent U.S. State Populations Covered by 100% Smokefree Air April 1, 2018 This table lists the percent each state s population covered by air laws

More information

Research Protocol for Medical Marijuana Dispensaries. Prepared by Legal Science, LLC

Research Protocol for Medical Marijuana Dispensaries. Prepared by Legal Science, LLC Research Protocol for Medical Marijuana Dispensaries Prepared by Legal Science, LLC July 2016 MEDICAL MARIJUANA DISPENSARIES July 2016 Research Protocol I. Dates of Protocol: June 25, 2014; July 8, 2014;

More information

The Legalization of Marijuana in Colorado: The Impact Vol. 3 Preview 2015

The Legalization of Marijuana in Colorado: The Impact Vol. 3 Preview 2015 THIS PAGE INTENTIONALLY LEFT BLANK Table of Contents Introduction Purpose...1 Preface...1 SECTION 1: Impaired Driving Definitions...3 Findings...3 Data...4 Colorado State Patrol Number of DUIDs, 2014...

More information

Average Number Citations per Recertification Survey

Average Number Citations per Recertification Survey 10 Average Citations per Recertification Survey 201 201 2017 1Q 8 7.7 7.3 3 3.3 3..2 2 1 0..80.2.0.8.70.8.17.8.1 7.3 SRO SERO NERO NRO WRO WI 1 Source: WI DQA, March 31, 2017 3% Percentage of Recertification

More information

The Legalization of Medical Marijuana and the Impact on the Workplace

The Legalization of Medical Marijuana and the Impact on the Workplace The Legalization of Medical Marijuana and the Impact on the Workplace Presented by Cassandra L. Manna Thursday, October 12, 2017 Roetzel & Andress LPA 2016 Before We Get Started... Three Rules Supreme

More information

Autism and Transition to Adulthood. Lorri Unumb, Esq. Vice President State Government Affairs Autism Speaks

Autism and Transition to Adulthood. Lorri Unumb, Esq. Vice President State Government Affairs Autism Speaks Autism and Transition to Adulthood Lorri Unumb, Esq. Vice President State Government Affairs Autism Speaks Science Awareness Family Services Advocacy Autism and the Law Cases, Statutes, and Materials

More information

The Healthy Indiana Plan

The Healthy Indiana Plan The Healthy Indiana Plan House Enrolled Act 1678 A Pragmatic Approach Governor Mitch Daniels July 16, 2007 Indiana s Fiscal Health is Good First Back-to-Back Balanced Budget in Eight Years $1,000.0 Revenue

More information

Work Session VIII: Legalized Marijuana. Douglas J. Friednash City Attorney Denver, Colorado

Work Session VIII: Legalized Marijuana. Douglas J. Friednash City Attorney Denver, Colorado Work Session VIII: Legalized Marijuana Douglas J. Friednash City Attorney Denver, Colorado 2013 International Municipal Lawyers Association. This is an informational and educational report distributed

More information

Overview of the States Pesticide Registration Process AAPCO Laboratory Committee

Overview of the States Pesticide Registration Process AAPCO Laboratory Committee Overview of the States Pesticide Registration Process AAPCO Laboratory Committee Feb 16 th, 2011 Ana Cristina Rodriguez Manager, State Registration/Regulatory Affairs DuPont Crop Protection March 6, 2017

More information

The doobies and don ts Legalized and medical marijuana in the workplace

The doobies and don ts Legalized and medical marijuana in the workplace The doobies and don ts Legalized and medical marijuana in the workplace Timothy D. Mitchell, Partner Rebecca Silverberg, Associate March 15, 2018 Agenda 1. Overview of marijuana legalization 2. Effects

More information

Medical Marijuana. Navigating Medical Marijuana in Workers Compensation

Medical Marijuana. Navigating Medical Marijuana in Workers Compensation Medical Marijuana Navigating Medical Marijuana in Workers Compensation Agenda Federal and State Laws Public Health Adverse Effects & Concerns Clinical Use Implications for Employers Implications for Workers

More information

STATE RANKINGS REPORT NOVEMBER mississippi tobacco data

STATE RANKINGS REPORT NOVEMBER mississippi tobacco data STATE RANKINGS REPORT NOVEMBER 2017 mississippi tobacco data METHODS information about the data sources the youth risk behavior surveillance system The Youth Risk Behavior Surveillance System (YRBSS)

More information

MEDICAL MARIJUANA: Can Cannabis Still Get You Canned?

MEDICAL MARIJUANA: Can Cannabis Still Get You Canned? MEDICAL MARIJUANA: Can Cannabis Still Get You Canned? Presented By: Dave Riepenhoff & Frank Hatfield Fishel Hass Kim Albrecht LLP CCAO/CORSA 209 E. State Street Columbus, Ohio 43215 PH: 614-221-5627 888-757-1904

More information

MAKING WAVES WITH STATE WATER POLICIES. Washington State Department of Health

MAKING WAVES WITH STATE WATER POLICIES. Washington State Department of Health MAKING WAVES WITH STATE WATER POLICIES Washington State Department of Health Lead poisoning is a public health problem. Health Effects of Lead Lead Exposures and Pathways HOME Paint Lead pipes Lead solder

More information

LEGALIZED AND MEDICAL MARIJUANA IN THE WORKPLACE

LEGALIZED AND MEDICAL MARIJUANA IN THE WORKPLACE LEGALIZED AND MEDICAL MARIJUANA IN THE WORKPLACE Saskatchewan Industrial & Mining Suppliers Association Inc. November 23, 2017 Kevin Wilson, Q.C. 1 WEED AT WORK Saskatchewan Industrial & Mining Suppliers

More information

Human Resources All Personnel BP 4020 DRUG AND ALCOHOL-FREE WORKPLACE

Human Resources All Personnel BP 4020 DRUG AND ALCOHOL-FREE WORKPLACE BP 4020 DRUG AND ALCOHOL-FREE WORKPLACE The Governing Board believes that the maintenance of drug and alcohol-free workplaces is essential to school and district operations. No employee shall unlawfully

More information

LEGAL UPDATE. Marijuana Use in California An Employer s Guide to Rights and Obligations. By: Christopher Boucher and Monna Radulovich January 2017

LEGAL UPDATE. Marijuana Use in California An Employer s Guide to Rights and Obligations. By: Christopher Boucher and Monna Radulovich January 2017 LEGAL UPDATE Marijuana Use in California An Employer s Guide to Rights and Obligations By: Christopher Boucher and Monna Radulovich January 2017 On November 8, 2016, California voters approved the Control,

More information

Obesity Trends:

Obesity Trends: Obesity Trends: 1985-2014 Compiled by the Centers for Disease Control and Prevention Retrieved from http://www.cdc.gov/obesity/data/prevalencemaps.html Organized into two groupings due to methodological

More information

Legalized Marijuana & Its Impact on Employment

Legalized Marijuana & Its Impact on Employment Legalized Marijuana & Its Impact on Employment April 14, 2019 ABVE Conference 2019 Tucson, AZ Presented by Lisa Suhonos, MS, CDMS, CEAS, IPEC, ABVE/D Vocational Consultant & Expert Suhonos Occupational

More information

12/19/2017. Medical Marijuana on Campus: Employment and Student Conduct Implications. Without getting into the weeds. Scheduling

12/19/2017. Medical Marijuana on Campus: Employment and Student Conduct Implications. Without getting into the weeds. Scheduling Medical Marijuana on Campus: Employment and Student Conduct Implications Joshua D. Nolan Marie-Joëlle C. Khouzam 216.523.5485 614.227.2311 jnolan@bricker.com jkhouzam@bricker.com Without getting into the

More information

Opioid Deaths Quadruple Since 1999

Opioid Deaths Quadruple Since 1999 THE COUNCIL OF STATE GOVERNMENTS CAPITOL RESEARCH AUGUST 2017 HEALTH POLICY Opioid Deaths Quadruple Since 1999 Since 1999, the number of overdose deaths involving opioids (including prescription opioids

More information

Medical marijuana or employment - a tough decision for some

Medical marijuana or employment - a tough decision for some Medical marijuana or employment - a tough decision for some Published: Thursday, October 06, 2011 By SEAN DEALTON For The Oakland Press Of the more than 100,000 registered medical marijuana-using patients

More information

Peer Specialist Workforce. State-by-state information on key indicators, and links to each state s peer certification program web site.

Peer Specialist Workforce. State-by-state information on key indicators, and links to each state s peer certification program web site. Peer Specialist Workforce State-by-state information on key indicators, and links to each state s peer certification program web site. Alabama Peer support not Medicaid-reimbursable 204 peer specialists

More information

GILMER COUNTY SCHOOLS Policy No POLICY MANUAL

GILMER COUNTY SCHOOLS Policy No POLICY MANUAL GILMER COUNTY SCHOOLS Policy No. 4080 POLICY MANUAL TITLE: DRUG FREE WORKPLACE POLICY 1. General Policy. The Board believes it is imperative to establish, promote and maintain a safe, healthy working and

More information