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 Testing Rules If there s time, where s the $$$$ 2
Hot Issues 3
Marijuana @ Work Medical Use Legalized Personal Use 4
Federal Position 5
Marijuana, Smokeless, CBD Don t get confused... 6
Legal Use of Marijuana 23 states have legalized medical use of marijuana. AK, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, MT, NV, NH, NJ, NM, NY, OR, RI, VT, WA, and W.D.C. 2 states (CO and WA) have passed laws legalizing personal use. 7 states employers can t discriminate against status as medical marijuana user. AZ, CT, DE, IL, ME, MN, & RI 7
Legal Use of Marijuana 2 states require employers to accommodate medical marijuana users. (MN, NY) 10 states employers don t need to accommodate medical marijuana users. AK, CO, ME, MI, MT, NH, NJ, OR, RI, WA. 7 states employers can discipline a medical marijuana user who uses or is under the influence at work. AZ, CT, DE, IL, MN, NH, NY 8
Legal Use of Marijuana 3 states a positive test alone is not proof of being under the influence. AZ, DE, MN 12 states limit employer action against medical marijuana users. (COMBINE STATUS DISCRIMINATION, NEED TO ACCOMODATION AND POSITIVE ALONE NOT UNDER THE INFLUENCE) 11 states permit use of CBD. AL, FL, IA, KY, MO, MS, NC, SC, TN, UT, WI 9
State Laws Differ Compare 10
State Laws Differ California S.Ct. The law does not apply to the employeremployee relationship. (Ross v. Raginwire Telecom. (2008)) 11
State Laws Differ Delaware Law 4907A. Acts Not Required, Acts Not Prohibited. (a) Nothing in this chapter requires: * * * (3) an employer to allow the ingestion of marijuana in any workplace or to allow any employee to work while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment. * * * 12
State Laws Differ Other State Laws of Concern Arizona Connecticut Delaware Illinois Minnesota New York 13
Minnesota Legal Use of Marijuana 14
Minnesota Legal Use of Marijuana 15
Minnesota Legal Use of Marijuana History: Law: On May 29, 2014 Governor Dayton signed into law legislation permitting medical use of marijuana. Proposed manufacturers regulations were issued August 1, 2014. The first public hearing of interested stakeholders was held August 8, 2014. Amended: None to date. 16
Minnesota Legal Use of Marijuana Sec. 3. [152.32] LIMITATIONS. (a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does not prevent the imposition of any civil, criminal, or other penalties for: * * * (3) vaporizing medical cannabis pursuant to section 152.22, subdivision 6: * * * (iii) in any public place, including any indoor or outdoor area used by or open to the general public or a place of employment as defined under section 144.413, subdivision 1b; and 17
Minnesota Legal Use of Marijuana Sec. 12. [152.32] PROTECTIONS FOR REGISTRY PROGRAM PARTICIPATION. * * * Subd. 3. Discrimination prohibited. * * * (c) Unless a failure to do so would violate federal law or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following: (1) the person's status as a patient enrolled in the registry program under sections 152.22 to 152.37; or 18
Minnesota Legal Use of Marijuana (2) a patient's positive drug test for cannabis components or metabolites, unless the patient used, possessed, or was impaired by medical cannabis on the premises of the place of employment or during the hours of employment. (d) An employee who is required to undergo employer drug testing pursuant to section 181.953 may present verification of enrollment in the patient registry as part of the employee's explanation under section181.953, subdivision 6. 19
Key Court Decisions 20
Drug Testing State Rules Compliance, Compliance, Compliance 21
Compliance Overview 23 states with mandatory workplace drug testing rules. There are more than 600 state laws and regulations that impact private workplace drug testing programs. There are more than 10,000 court and agency 22
Mandatory States 23
Voluntary States 24
Compliance 7 states limit discipline 12 states limit or prohibit random tests 6 states (1 city) prohibit observed collections 19 states require a split/retest opportunity 14 states limit/prohibit hair testing 7 states specifically permit hair testing 3 states do not allow post-accident testing 16 states specify timing to request split test 25
Cost of Non-Compliance $40,000 IA - S&J Tube, Inc. (9/06/12) (re-defined accident). $450,000 CT- UPS (2010); $50,000 to the Supervisor PERSONALLY!! (Post-Accident) $750,000 OK ConocoPhillips (2009) (Collector issue). $$$$$$ MN ING Bank (2008) fired for positive drug test. $68,000 IA Truck Country of Iowa (2005) - ER must pay for tests. $$$$$$ CT Home Depot (1996) accident alone NOT reasonable suspicion. 26
Bill Judge 708-334-8010 bjudge@fightreadynow.com 27