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Home > Federal Law Articles > Human Resources > HR - Drugs & Alcohol

Articles Discussing Drugs & Alcohol In The Workplace.

Evolving Cannabis Laws: 3 Common Mistakes Employers Should Avoid

Posted: February 5, 2025 | CDF Labor Law LLP Category: HR - Drugs & Alcohol

CDF Partner Todd Wulffson recently contributed to an article on “Cannabis Challenges: What HR Needs to Know,” for HR Morning.

Excerpt:

Regardless of how companies or managers may feel about the topic, cannabis (including recreational and medical marijuana, and any product containing THC) is becoming ubiquitous – and is approaching a $30 billion per year industry.

Marijuana is “legal” for adults in 24 states and Washington, D.C. — and medical marijuana is legal in 38 states and D.C. This creates a dilemma for many employers who do not want employees operating under the influence of THC (the psychoactive drug in cannabis) any more than they want them at work drunk.

The confusion regarding marijuana legalization and the rapidly changing landscape of state-specific laws has created a minefield for employers.

Here is a summary of the major issues employers face, and how best to avoid stepping on one of those mines.

Mistake #1 – Believing marijuana is ‘legal’ and ignoring its potential impact in the workplace

Perhaps one of the most important things to understand, is that cannabis is not legal anywhere in the United States.

Marijuana is a Schedule I controlled substance under the federal Controlled Substances Act, right along with Heroin, LSD, Ecstasy, Crystal Meth and Peyote.

If you perform federal contracts, have employees working on federal property, or have employees subject to federal regulations (e.g. interstate truck drivers or airline pilots), you have no leeway with cannabis – your employees can never possess it or have any amount in their system.

Many states have passed laws stating that individuals will not be prosecuted under state law if they possess or grow a small amount of marijuana.

One of the biggest mistakes an employer can make, however, is believing these state laws reduce potential liability for the bad acts of a stoned employee. Cannabis impairs judgment, and this is exacerbated when someone is driving or operating machinery.

Numerous studies are showing how THC impairment is likely to significantly increase the risk of an accident on the job. Your workers’ comp carrier is going to expect you to be proactive in this regard, and to have policies to minimize the risk of cannabis-related accidents. It is also fairly well-established that people under the effects of THC are not violent, but they tend to sexually harass each other – a lot.

People have a tendency to lose their internal filters and inhibitions and may say or do things that can lead to discrimination or retaliation claims. The one thing that is universally true in any sort of litigation involving cannabis-fueled conduct, is that if the employer is perceived as having tolerated an employee to be high at work, even jurors that could make Cheech and Chong envious of their use of cannabis will have no problem hanging the employer out to dry for contributing to the accident or misconduct.

In some respects, cannabis is similar to alcohol – it is legal to buy alcohol, but few people will argue that allowing employees to be drunk on the job is a good idea.

The problem with cannabis, however, is that it is not as easy to detect when someone is under the influence. People can be getting impaired using a vape pen, drinking tea or eating a cookie. They may never smell like pot, or they may smell like it because they were at a concert the night before and wore the same jacket. It can be extremely difficult to tell if someone has THC in their system because they ingested cannabis at work, as opposed to at home, where it was “legal.”

Mistake #2 – Not keeping up with cannabis laws in your state

The reaction to cannabis’ federal status, and the risk of serious liability associated with cannabis intoxication at work, leads many employers to want to adopt a “zero tolerance” policy with regard to drug testing employees (i.e. any THC in one’s system is grounds for discharge).

Click here to read the full article.

Navigating Cannabis Rescheduling: Key Insights for Healthcare

Posted: November 11, 2024 | Jackson Lewis Category: HR - Drugs & Alcohol

Earlier this year, the DEA responded to President Biden’s directive to reschedule cannabis from Schedule I to Schedule III of the Controlled Substances Act. This pivotal change, if finalized, would reclassify marijuana as a drug with moderate to low potential for dependence, strictly for medical use.

Microdosing Psilocybin: Popular Drug Has Implications for the Workplace

Posted: October 10, 2024 | Littler Category: HR - Drugs & Alcohol

This Insight discusses what psilocybin is, how it is used, and various state and local laws that either decriminalize and/or legalize its use, or make the enforcement of its illegality a low priority. This Insight also addresses some steps employers can take if employees are “microdosing” psilocybin while at work.

DEA Will Hold Public Hearing to Address Marijuana Rescheduling

Posted: September 8, 2024 | Jackson Lewis Category: HR - Drugs & Alcohol

The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA).  The hearing will take place on December 2, 2024 at 9 am ET at

Department of Justice Publishes Notice of Proposed Rulemaking to Reschedule Marijuana to Schedule III

Posted: May 22, 2024 | Jackson Lewis Category: HR - Drugs & Alcohol

The Department of Justice (DOJ) published a Notice of Proposed Rulemaking to reschedule marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA) in the Federal Register on May 21, 2024. If the rule is finalized, marijuana would be considered a drug with “moderate to low potential for physical and psychological dependence” and would be available for medical use only, not legalized at the federal level.

A Continuing Discussion on the Opioid Epidemic and the Workplace – Part 4

Posted: May 15, 2024 | Ford Harrison Category: HR - Drugs & Alcohol

Executive Summary: This is Part 4 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated with this epidemic. Our September 7, 2023 Alert (Part 1) addressed how to identify a potential addiction issue, when to engage, and how to engage on the same.

Live from Workplace Horizons 2024 — Episode 1: What Employers Need to Know About Keeping Their Workplace Safe, Drug-Free and Productive

Posted: May 7, 2024 | Jackson Lewis Category: HR - Drugs & Alcohol

Welcome and thank you for joining us for this special edition of We get work™, live from Jackson Lewis’ Workplace Horizons 2024 from the Lotte New York Palace in New York City and the Wynn in Las Vegas. What follows are high level conversations on conference programs and why they were important topics to present now.

DOJ Plans to Reclassify Marijuana From Schedule I to Lower-Risk Schedule III Drug

Posted: May 2, 2024 | Ogletree Deakins Category: HR - Drugs & Alcohol

On April 30, 2024, following a months-long process, the U.S. Department of Justice (DOJ) circulated a proposal to reclassify marijuana from a Schedule I to a Schedule III controlled substance. This historic move—likely the most substantial change to federal drug policy in more than fifty years—would place marijuana amongst the

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Posted: May 2, 2024 | Jackson Lewis Category: HR - Drugs & Alcohol

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice.  This means that marijuana would be considered a drug with “moderate to low potential

Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

Posted: April 21, 2024 | Ogletree Deakins Category: HR - Drugs & Alcohol

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations.

A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

Posted: February 26, 2024 | Ford Harrison Category: HR - Drugs & Alcohol

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated with this epidemic. Our September 7, 2023 Alert (Part 1) addressed how to identify a potential addiction issue, when to engage, and how to engage on same. Our December 11, 2023 Alert (Part 2) focused on some of the medical issues related to addiction and why it is helpful for employers to better understand these issues when navigating an addiction scenario with an employee. This Alert (Part 3) focuses on navigating the rehabilitation process.

Dear Littler: What are the substance use concerns of workplaces past, present, and future?

Posted: December 12, 2023 | Littler Category: HR - Drugs & Alcohol

Dear Littler,

I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there is to be no pot at the potluck. I figured now was a good

Continuing Discussion on the Opioid Epidemic in the Workplace – Part 2

Posted: December 11, 2023 | Ford Harrison Category: HR - Drugs & Alcohol

Executive Summary:  This is the second of multiple Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country.  Our June 12, 2023 Alert outlined the big-picture issues associated with this epidemic.  Our September 7, 2023 Alert (Part 1) addressed how to identify a potential addiction issue and when and how to engage on the issue. This Alert focuses on some of the medical concerns related to addiction and why it is helpful for employers to better understand these concerns when navigating an addiction scenario with an employee.

Caroline Berdzik Shares with Business Insurance the Issues Confronting Employers Regarding Making Naloxone Available in the Workplace

Posted: December 4, 2023 | Goldberg Segalla Category: HR - Drugs & Alcohol

This year has seen the federal approval of over-the-counter availability of naloxone — commonly known as brands Narcan and Evzio — which is used to counteract opioid overdoses and considered a lifesaving medication. As such, there is a push for employers to supply naloxone as part of workplace first-aid kits.

Stocking Naloxone in the Workplace: What Employers Need to Consider

Posted: October 25, 2023 | Ogletree Deakins Category: HR - Drugs & Alcohol

It is well known that opioid overdoses have occurred at epidemic levels in the United States for years. According to the U.S. Centers for Disease Control and Prevention (CDC), opioid overdose deaths have increased from 21,089 in 2010, to 47,600 in 2017, to more than 80,000 in 2021 and 2022.

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