The legalization of cannabis for both recreational and medicinal use is one of the most rapidly changing issues currently facing employers.
While cannabis remains a Schedule I drug under the Federal Controlled Substances Act of 1970, and illegal under U.S. federal law, more states are beginning to enact legislation allowing cannabis and related products to be manufactured, distributed and legally possessed for medicinal and/or recreational use. These new laws vary dramatically from state-to-state, and in some cases provide additional rights and protections to employees who use cannabis.
We recognize these trends can have a profound impact on employers large and small, creating a great deal of uncertainty and host of questions for those seeking to remain in compliance with all federal and state laws regarding cannabis. The inherent tension between how the federal government and the individual states treat employee cannabis use presents unique challenges affecting the entire life cycle of the employment relationship – from onboarding through termination.
Our attorneys have extensive knowledge and provide practical insight into the state-specific laws governing cultivation, sale, and consumption of medical and adult-use cannabis. Attorneys in our Cannabis Law practice group make our clients’ jobs easier when dealing with employees’ use of cannabis inside and outside the workplace. Our services for employers include total handling of issues involving:
- Reasonable accommodation of employee use of medical or recreational cannabis
- Employee claims of wrongful discipline or termination
- Drug testing applicants and employees
- Background checks
- Handbook and policy drafting and revision
- Employer health and wellness plans
- Corporate immigration issues
Our lawyers also provide guidance and advice to established businesses, start-ups, entrepreneurs, and educational institutions looking to enter or expand within the legal cannabis space.1
If you would like us to prepare a proposal to assist your company with your labor and employment law needs, please contact clientservice@fordharrison.com.
1 Disclaimer: Possessing, using, distributing, and/or selling marijuana or marijuana-based products is illegal under federal law, regardless of any state law which may decriminalize such activity under certain circumstances. No legal advice we give is intended to provide any guidance or assistance in violating federal law.