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Marijuana in the workplace is a growing challenge for employers. More and more states allow its use, for medical and recreational purposes, while federal law still does not permit it.

Research cited by the National Institutes of Health (NIH) links marijuana use with workplace problems such as injuries and accidents. In one study of postal workers, employees who tested positive on a pre-employment urine test had 55 percent more industrial accidents, 85 percent more injuries and 75 percent more absenteeism than those who tested negative.

This 60-minute webinar summarizes the challenges of managing employee marijuana use, explains the relevant law, describes testing devices for impairment, and reviews recent court cases. Defining what it means to be under the influence is hard, and accurate measurement methods are only starting to emerge.


  • Describe the workplace risks linked to marijuana use
  • Explain how state and federal marijuana laws affect employment decisions
  • Respond to medical marijuana cards and recreational use under a drug-free workplace policy
  • Understand the devices and methods used to test for impairment
  • Apply the concept of reasonable suspicion
  • Assess accommodation requests for marijuana use under disability law

  • Facts about marijuana use
  • The risks of marijuana use
  • Laws on marijuana use and employment
  • Testing for impairment
  • What reasonable suspicion means
  • Accommodating marijuana use under disability law
  • Recent court cases

Employers most often ask two questions: how to handle an employee who presents a medical marijuana card during drug screening, and what recreational legalization means for a drug-free workplace policy. The answer depends on the state, whether use is medical or recreational, how recently the person used it, the safety demands of the job, and company policy.

This session helps leaders, managers and HR professionals work through those factors and finishes with practical advice.


  • Any Leader or Manager
  • Human Resource Manager
  • Director of Human Resources
  • Human Resources Partner
  • Human Resource Consultant

Don has been a California employment practices attorney since 1983. He litigated employment and business cases for 17 years and quit once he figured out that nobody wins a lawsuit. Since leaving litigation, he has written numerous books and presented more than 500 times to executives nationwide. He loves talking about emotional intelligence and creating engaging workplaces!

Don was the founder and President of HR That Works, used by 3,500 companies and acquired by ThinkHR in January 2014. He worked there for two years as a V.P.

Now in his “wisdom-sharing years,” Don loves advising and coaching executives. He continues to inspire with his speaking and training.

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