TRANSFORMING Teams By Paige McAllister
Marijuana legalization’s impact on the workplace ease. It does not cause mind-altering effects as those seen in marijuana.
arijuana is now legal in some form in 35 states and Washington, D.C., with seven additional states having decriminalized marijuana possession and two states legalizing CBD oil use. Many experts expect the continued expansion of legalization of various forms. Much like alcohol, no law requires employers to allow employees to use or be under the influence of marijuana at work. However, unlike alcohol, testing for the presence of marijuana presents a problem because it can be detected for much longer than a person experiences its side effects or symptoms. So, what do you need to know and do as an employer?
M
Know the laws in your state: Currently 18 states have legalized medicinal marijuana and 17 states and DC have fully legalized marijuana for medicinal and recreational purposes. Several states also have laws preventing employers from taking employment actions against employees for legal off-duty conduct. nderstand the different uses: Recreational marijuana can be used by adults (usually 21 years of age or older) in limited amounts as they wish. Medicinal marijuana requires a prescription from a health care provider due to covered reasons, which vary state-to-state. By definition, an employee who has a prescription for its use has a condition which may be protected under the ADA and ADAAA. Cannabidiol (or CBD oil) is oil derived from the cannabis plant which is used to relieve a long list of issues including pain and inflammation as well as anxiety and depression, migraines, MS, epilepsy and Parkinson’s dis-
22
n
The Merchant Magazine n
July 2021
earn co on side effects and the length of ti e they are felt or observed: To have a better chance of recognizing if an employee is under the influence while at the workplace, you need to become familiar with common tell-tale signs including the stereotypical dilated pupils and odor of marijuana, but also: ● distorted sense of time, ● impaired memory, ● impaired coordination, ● difficulty in thinking clearly, ● mood swings, ● hallucinations or delusions, ● fear or anxiety, and/or ● increased appetite. Various factors including amount consumed, concentration of THC, body weight, metabolism, if anything has been eaten, and general tolerance impact how long these side effects will be observed. nderstand the different testing options and standards: Marijuana can be detected using saliva, blood, urine or hair testing methods, each having different detection parameters and timing. Again, factors such as form (i.e., smoke or edible), repeated and regular usage, age, and weight will impact if marijuana is detected and how long it will show up in a person’s system, ranging from 36 hours to 90 days. Also, CBD oil itself may result in a positive THC drug result even though it does not cause the “high” of marijuana. pdate your pre e ploy ent procedures: Background checks: You may not be able to consider past marijuana-related criminal convictions once decriminalized. Even in the states where use is still illegal but past convictions are decriminalized, you must disregard any reference to these convictions if they appear on a criminal history report. Pre-employment drug screening: Unless the position falls under stricter federal regulations (such as DOT), consider the practicality of testing for marijuana after making a conditional offer of employment to a candidate. ● If your state has fully legalized marijuana use, you will be prohibited from taking any action on this result so you Building-Products.com
