Medical Marijuana and the Workplace
Laws regarding medical marijuana and the workplace have been under constant development over the past few years. For instance, several court decisions have addressed the termination of individuals who tested positive for medical marijuana, with some ruling in favor of the employer but others siding with the employee. In just the past few weeks, the U.S. Food and Drug Administration issued a Consumer Update setting forth various reasons cannabis and cannabis-derived products may be unsafe; and the U.S. House of Representatives passed legislation that would remove marijuana from the federal Controlled Substances Act. Now more than ever, Hawaii employers may be confused about how to apply their drug-free workplace policies to applicants or employees who fail a drug test due to medical marijuana usage.
This article will cover:
- Overview of Hawaii and federal marijuana laws, including recent legislative activity;
- Marijuana vs. Cannabis vs. CBD vs. THC;
- Overview of laws regarding hiring and drug testing;
- Interplay between marijuana laws and disability discrimination laws;
- Best practices for responding to a positive drug test;
- Court decisions addressing medical marijuana and the workplace;
- Considerations for accommodating off-duty marijuana use;
- Tips for employers; and
- Discussion on the future of medical marijuana.