1. Medical and Recreational Marijuana: Recent Case Law Impacting HR

Medical and Recreational Marijuana: Recent Case Law Impacting HR

Medical and Recreational Marijuana: Recent Case Law Impacting HR
Event ID: 70813
Not for Sale
Recording: 15407

Duration: Scheduled for 90 minutes including question and answer period.
Presenter: Melissa Fleischer, attorney at law and president, HR Learning Center LLC
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

With many new state laws legalizing medical and recreational marijuana, HR professionals can be overwhelmed when applying their drug-free workplace policies. In fact, it can be a nightmare! It is essential that HR understand how best to deal with situations when employees may use marijuana or even when they may fail routine drug screenings. For example, if an applicant for employment with your company fails your drug screen, what are your obligations? If the employee claims to have a medical marijuana card, do you have to hire the applicant if you are in a state in which medical marijuana is lawful? Or are you allowed to refuse to hire anyone that tests positive? These issues highlight many questions for HR such as under the ADA whether you must provide applicants and employees with a “reasonable accommodation” of allowing them to use medical marijuana in your workplace if they use it for medicinal purposes in a state that has legalized marijuana.

Please join Melissa Fleischer to learn what the recent changes mean for you in dealing with medical and recreational marijuana in the workplace. This webinar will help provide you with a better understanding of all these issues and more including the several recent cases that have changed employers’ obligations under these laws.


Some of the many tips you will learn in this webinar:

  • Has the recent caselaw changed HR’s obligations with regard to marijuana in the workplace?
  • How have laws been interpreted and what does that actually mean for you?
  • Is marijuana now considered “legal” or do these laws merely create an exception to enforcement of criminal penalties for possession and use of marijuana?
  • Is marijuana still illegal under federal law? If so, what does this mean for employers who enforce their Drug Free Workplace Policies in states that have legalized marijuana?
  • Do you have to comply with the state law in states that have legalized marijuana for medicinal purposes or the federal law, or both?
  • What does HR need to know now to ensure compliance with medical and recreational marijuana laws in light of recent caselaw?
  • What you should do if an employee who uses medical marijuana lawfully in your state, tests positive for marijuana on a drug screen?
  • Are you still well within your rights to have a drug free workplace policy?
  • Would it be a reasonable accommodation under the ADA to allow an employee to use marijuana or be under the influence at work in light of the current case law on this issue?
  • Review of current state laws relating to medical and recreational marijuana.
  • What states may soon be changing their laws to allow for medical or recreational marijuana?
  • Understand what it means to have a qualifying condition.
  • Review an employer’s obligations regarding allowing medical marijuana usage in the workplace.
  • What is an employer’s obligation vis-à-vis the employment laws and their interaction with these new state medical marijuana laws and recent case law?
  • Methods on handling an employee’s use of medical marijuana with regard to drug screens.


Your conference leader for “Medical and Recreational Marijuana: Recent Case Law Impacting HR” is Melissa Fleischer, attorney at law. Ms. Fleischer is the president of HR Learning Center LLC. Ms. Fleischer is the president of HR Learning Center LLC. Ms. Fleischer is a management-side employment attorney with over 20 years’ experience representing clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. HR Learning Center LLC offers training seminars, webinars, and consulting on a variety of workplace and human resources issues. She is also a frequent speaker on a wide range of employment law topics including: workplace investigations, anti-harassment training, FMLA and ADA training, workplace violence prevention, etc. Ms. Fleischer earned her J.D. degree from the George Washington University School of Law.


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HRWebAdvisor certificates of participation are available to everyone completing this webinar.