Use does not equal impairment.
Does that matter?
When it comes to cannabis in the workplace, it could, according to a panel of experts who participated in a recent Brandman University Master of Science in Human Resources webinar about the policy considerations employers may need to address. The MSHR program aligns with today’s ever-changing laws, policies and issues in human resources.
Brandman adjunct faculty member and consultant Nina Woodard guided the hour-long discussion that included Robbin Lynn and Bob Levin. Lynn is an active member of the Society of Cannabis Clinicians, an educator and advocate, and owner of the medical cannabis dispensary RX-C. Levin is a Brandman adjunct faculty member and attorney.
With the passage of various levels of legalized marijuana use in many states, the trio said employers can be caught in a difficult balancing act between attracting and retaining talent and complying with federal and state laws – which differ. Other potentially problematic areas include:
- What rights do employers have to test employees? (Random testing vs reasonable suspicion)
- What criteria are needed to determine fitness for duty?
- What potential changes in drug-free workplace policies could or should be made?
- What kind of support – if any – should be provided for employees who use cannabis?
- Government contractors are subject to conditions as part of the Drug Free Workplace Act. What if you turn a blind eye to what employees do outside of work and still have marijuana in their system when they return to work?
- What considerations must be taken into account for employers with employees spread across different states?
For responses to these questions and more, the replay of the webinar is available here.