Waiting to Exhale: Handling Medical Marijuana in the Workplace

Sixteen states have recently enacted statutes legalizing the use of medical marijuana. What does this mean for employers and their policies that preclude drug use in in the workplace in adherence to federal criminal statutes? In this course, employment attorneys Ardra O’Neal and Natalie Johnson address this hot new employment law issue by focusing on whether or not employers need to provide these employees with reasonable accommodations under the American Disabilities Act and Family Medical Leave Act. In addition, the presenters discuss the seminal Supreme Court case Gonzalez v. Raich and its effect on enforcing federal drug laws in the workplace. They also provide important insights into the newest employee medical marijuana state cases from California, Oregon and Michigan, and why the courts have been ruling in favor of employers. Concluding with helpful recommendations on how employers can make reasonable accommodations and create drug testing policies that do not violate an employee’s rights under the medical marijuana statutes, this program provides important information for all employment law practitioners.


•Medical Marijuana Statutes

•Americans with Disabilities Act (ADA)

•Family and Medical Leave Act (FMLA)

•Key cases

•Recommendations for Employers