1. Legalizing Medical and Recreational Marijuana Use: The Effect on Your Drug and Accommodation Policies

Legalizing Medical and Recreational Marijuana Use: The Effect on Your Drug and Accommodation Policies

Legalizing Medical and Recreational Marijuana Use: The Effect on Your Drug and Accommodation Policies
Event ID: 18004
Recording: 15400

Duration: 90 minutes including question and answer session.
Presenter(s): Christopher W. Olmsted, shareholder, Ogletree Deakins, San Diego, CA
Price: $299.00, On-Demand includes full audio presentation, question and answer session, and presentation slides.
CE Credits: This program has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP.
Who Should Attend? HR administrators, supervisors and managers, financial officers, other senior executives

Even though marijuana is a controlled substance under federal law, nearly 30 states and the District of Columbia have legalized its use in some form for medical or recreational purposes. It is likely that the trend will continue to expand to more states in the coming years. Given the increasing likelihood of legal marijuana use and possession amongst your workforce, employers face a number of challenges when it comes to accommodating disabilities, drug testing, and enforcing drug policies. Employee performance and conduct issues, as well as safety concerns, all must be anticipated and addressed through advance planning and sound policies to protect the organization from potential liability should litigation arise.

Please join Christopher W. Olmstead as explores the effect of the legalization trend on an employer’s existing policy and its interplay with an employer’s obligations to accommodate drug and alcohol use. This session will also provide specific tips on how to lawfully adjust to the recent changes.


Topics will include:

  • Overview of state legalization laws and impact on employers
  • Enforcing workplace drug policies in light of legalization, including what to do about positive drug tests
  • Whether medical or recreational marijuana use or possession at work must be permitted
  • Effect of marijuana use on an employee’s job duties, especially if they are considered hazardous
  • Anti-discrimination claims and accommodation of medical use for disabled employees
  • Revisions to your drug policies that may be needed


Your conference leader for “Legalizing Medical and Recreational Marijuana Use: The Effect on Your Drug and Accommodation Policies” is Christopher W. Olmsted, a shareholder in the San Diego office of Ogletree Deakins. Mr. Olmsted helps businesses avoid employment-related legal claims by providing California employment law compliance advice. He also defends employers in a variety of litigation matters. Mr. Olmsted's employment law compliance and litigation experience includes: California FEHA and Title VII discrimination, harassment and retaliation claims; wrongful termination claims; wage and hour compliance and defense of claims and labor agency audits; California CFRA, federal FMLA and other leaves of absences; misappropriation of trade secrets, non-competition and non-disclosure agreements; California and federal ADA accommodation; gender pay equity audits and litigation; terminations, reductions in force and severance agreements; independent contractor misclassification claims; employment agreements and policies; labor Commissioner claims (Department of Industrial Relations, Division of Labor Standards Enforcement claims), EDD and Unemployment Insurance claims.


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