Student presentation examines medical marijuana in the workplace

Another week of student presentations in my Marijuana Law, Policy and Reform class means another week of thoughtful explanation and asessment of a diverse array of interesting legal and polcy issue.  The first student presentation slated for this week is on medical marijuana in the workplace, and the topic is described by my student this way (along with background readings):

The legal landscape surrounding medical marijuana is complicated by the fact that marijuana remains illegal under federal law and yet, the general US workforce continues to see an upward trend in positive drug tests for marijuana. My focus will be on this conflicting legal framework and understanding what courses of action are being brought forth to deal with medical marijuana in the workplace. One of the key challenges for employers is determining how to manage employees who use medical marijuana. Overall, it is still an undefined company and state-based decision-making process that does not have one solution fitting all.

Not only do employers face tough decisions given the current patchwork of laws, but employees do too. They may be hesitant to disclose their use of the drug to their employer, for fear of discrimination or retaliation. To address these challenges, some states have passed laws that provide protections for employees who use medical marijuana or generally provide protections against discrimination. Additionally, some states have implemented regulations that provide guidelines for employers who are dealing with medical marijuana use in the workplace.  Ultimately, it is time for employers to evaluate their policies and procedures, not only in light of the law but practical realities as well.

Background Readings:

From Quest Diagnostics, “Drug Testing Index Interactive Map: Positivity for Marijuana” (2021)

From Americans for Safe Access, “2022 State of the States Report: An Analysis of State Medical Cannabis Access”  (2022)

From U.S. Department of Health & Human Services, “2021 SAMHSA National Survey of Drug Use and Health” (2021)

From the Ohio Bureau of Workers’ Compensation (BWC), “Medical Marijuana and its impact on BWC ” (2018)