401(k) Plan Now AvailableJanuary 27, 2020
New I-9 Form RequiredFebruary 23, 2020
- Federal law holds marijuana is illegal
- Current “illegal” drug users are therefore not
covered by the ADA (a federal law)
- ADA may cover the underlying disability, but not
the marijuana use
- State law may create additional requirements for
- Department of Transportation (DOT) regulations
also may apply
Legal states as of November 1, 2019
- State laws continue to rapidly evolve
- Does your state’s law:
- Permit medicinal or recreational marijuana use?
- Prohibit pre-employment drug testing for marijuana?
- Prohibit employer discrimination against registered medicinal marijuana users on their qualified patient status alone?
- Prohibit adverse action on the basis of a positive drug test alone?
- Require employers to explore reasonable accommodation for legal medical marijuana users to treat disabilities?
- Define and include exceptions to “safety sensitive” positions?
How to Stay Compliant