LEGAL MARIJUANA ISSUES
HANDLING THE LEGAL
MARIJUANA ISSUE AT WORK
If there is one thing that most people
in the United States have learned over their lifetimes , it ’ s that you shouldn ’ t show up to work under the influence . Drug tests are a standard part of many job screenings , and positive results would traditionally rule out any possible drug users , including those who are partaking in marijuana .
SO WHAT HAPPENS NOW THAT LEGALIZATION OF MARIJUANA IS EXPANDING ACROSS THE NATION ?
How will workplaces reconcile the current laws — some of which seem to be contradictory — with their traditional and standard policies on this issue ?
Whether it is stated directly or simply implied , most everyone understands that employers are responsible for individuals who are employed on their property and who are acting under their authority . Thus , employers have the right , should they so choose , to put drug policies in place . It is essential , however , that they have a documented cannabis policy that can mitigate some of the risks they might become open to due to the new laws and regulations . This isn ’ t done to exclude employees who use marijuana ; it is done to protect the business from potential negative consequences of that use .
Businesses are responsible , first and foremost , for the protection of their own interests , employee safety , and customer safety . The flip side to that is that medical marijuana issues could potentially be argued as a health-and-safety issue for employees who have prescriptions , for instance . Right now , businesses are able to prohibit the use of alcohol during work hours . They can also prohibit employees from showing up to work under the influence of alcohol . In the same way , they can have firm and consistent zero-tolerance rules for marijuana . The difficulty here is a question of individual state regulations .
With new rules coming into place every day , different laws in different states , and marijuana still illegal at the federal level , it is almost like walking through a minefield determining what is and is not legal in terms of the use of marijuana . In California , for instance , a federal district court ruled that it doesn ’ t violate California workplace discrimination law to fire employees for marijuana use regardless of the reason they are using it ( thus including medical use ). That issue is compounded even further for companies that have federal contracts . Federal contractors must abide by the Federal Drug-Free Workplace Act which prohibits the use of marijuana . Employers who don ’ t follow this restriction can lose their ability to bid on and receive federal contracts .
So what are employers to do ? How can they navigate these issues and still maintain high employee retention rates and productivity ? These questions are tough but have to be answered in the wake of constantly changing regulation . For more information , contact me about what your workplace can do regarding its marijuana policies . +
BY : ROSS E . RUTMAN , CLCS , CPIA ASSISTANT VICE PRESIDENT JGS INSURANCE
Ross Rutman began his career in the property management industry 15 years ago .
While working within various departments including operations , information technology , condominium management and insurance ; Ross decided to pursue his passion and joined JGS Insurance . For the past three years Ross has represented the JGS marketing team by working alongside our sales , service and management side of our business . He strives to provide a consultative approach and proactive services to our clients .
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