What Employers Need to Expect Upon Marijuana Use Legalization

From municipality to another and state to another, the legalization of marijuana has already become widespread. For that reason, upon watching this act of putting an end to prohibition of marijuana, employers come to grips with a logical reason to contemplate about the future of their employment policies. In questionable situations in workplace that involve the use of marijuana, it cannot be wrong for employers to get confused about what will be the future requirements to accommodate under the Americans with Disabilities Act.

In the 12th of August, the conference that Disability Management Employer Coalition is holding annually in Las Vegas has integrated a panel discussion which they called “Cautionary Tales: The Impact of Legalized Marijuana on the Workplace.” Terri Rhodes, DMEC executive director, pointed out that any employer who has a centralized contract will surely pay a distinctive attention to the said issue.

Executive director Rhodes mentioned that the federal contract component is certainly the factor that drives the issue. What’s more, employers that put federal contracts to use have to follow by the federal law while the federal government discloses that the use of marijuana is still illegal. That’s why employers still need to comply with the guidelines to keep a safe and drug free workplace in order to get reimbursement through federal contracts. If an employee returns with a positive result for marijuana, employers have the right to deal with the employee’s issue.

More to that point, the failure of breakthroughs to test for marijuana with high accuracy adds strength to this problem. On account of the solubility of TFC in water, it remains both in the body and bloodstream for up to a month after intake. Hence, a person who uses marijuana for medical purposes such as fighting against chronic pain will need to have much higher blood THC content than a habitual user. However, the habitual user will more likely to be impaired from physical and mental viewpoints than the chronic one.

Danielle Urban, employment attorney in the Fisher and Phillips law firm in Denver, explained that there is no need to accommodate the use of marijuana even if the potential user has a disability. As an employer, he has the leeway to hold a zero tolerance policy in terms of the use of marijuana.

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