CentrAL INC! | Central Alabama Business Journal Nov/Dec 2023 | Page 37

STATE BORDER BEWARE
DELICATE DECISION

STATE BORDER BEWARE

Even if the business is headquartered in Alabama , if there are operations and employees in other states , your policies for employees in that state must also comply with the laws of that state . medical cannabis ? It ’ s an important question ,” said Zwilling . She also pointed to a recent employment article claiming workplace policies seen as “ friendly ” to medical cannabis use might help recruit a different kind of hire . " I think this is really about the perspective of the younger generation ,” she said . “ A company allowing medical cannabis has a more positive company culture overall in their view .”
PRODUCTIVITY BOOST OR BANE ?
The brain fog and slowed physical responses associated with cannabis ’ s “ high ” suggest that use of the drug , even as medicine , would decrease an employee ’ s contributions during a workday , but Zwilling pointed to the opposite possibly being true in certain cases . “ For employees who have health conditions currently hindering their efficiency and effectiveness , if they can see their condition improved by medical cannabis , the business could benefit ,” Zwilling said . “ They ’ ll get more from those employees and better retain those employees .”

DELICATE DECISION

Will you allow your employees to be under the influence of legalized medical cannabis while at work or not ? Alabama ’ s law gives employers the opportunity to choose , with a few restrictions ( see sidebar page 39 ). According to Zwilling , there is no middle ground here . “ You ’ ve got to make a decision ,” she said , “ and then you must clearly communicate that policy to all employees , train managers on implementation of the policy and ensure your employee handbook is updated to reflect the policy .”
But the path to your decision is littered with questions in varying shades of gray . Before you rewrite your employee rules , consider these key points to ensure you understand the full implications of each option .
EXTRA DUE DILIGENCE .
If a business decides to allow the use of medical cannabis , owners and managers will need to ensure their employees are following the rules . “ It is only approved for specific conditions and has to have been prescribed ,” Zwilling said . “ Businesses should check and verify that , but in reality , many will take a hands-off approach .”
She also notes that the law allows requiring employees to notify you if they are using medical cannabis . “ That will make it easier to monitor and ensure the use doesn ’ t cause a hazard or safety issue .” And while some employers may feel led to modify job requirements or working conditions for employees who use medical cannabis , the law does not require them to , even if they ’ ve made medical cannabis permissible in their workplace .
RECRUITING TOOL OR TURN OFF ?
The right employees are essential for any business , and finding them continues to be a challenge , so how your medical cannabis policy might affect attracting and retaining them is a crucial factor . “ Will you alienate potential employees or lose employees otherwise doing a good job if you decide to prohibit the use of
HAVE QUESTIONS ?
Contact the Alabama Medical Cannabis Commission at amcc . alabama . gov .
CentrAL Inc ! 37