Medical Marijuana in the Workplace –

Growing Like a Weed!

C O N S U L T I N G │ B R O K E R A G E │ A D M I N I S T R A T I O N │ C O M M U N I C A T I O N S │ C O M P L I A N C E │ E M P L O Y E E A D V O C A C Y

Presented by: Cindy WagnerMarch 28, 2019

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About the Webinar

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**AP Benefit Advisors, LLC is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CPor SHRM-SCP. This program is valid for 1 PDC for the SHRM-CP or SHRM-SCP. For more information aboutcertification or recertification, please visit shrmcertification.org.

HRCI & SHRM Pre-Approved

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Cindy Wagner - Director, APBA HR Services

Today’s Presenter

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Cindy possesses 30+ years of progressive and diverse human resources, compliance, and leadership experience that spans from start-up to established organizations. She has extensive hands-on experience leading HR initiatives including policy design, performance management, recruiting, compliance reporting, compensation, benefits administration, HRIS implementation, HR workflow development, leadership development and training, safety management, mergers and acquisitions, and payroll administration.

Cindy’s employment history includes positions in both the private and public sectors supporting employers with employee populations of 100 – 7,500 employees. Her vast level of expertise includes seven recent years as a Vice President of Human Resources and Payroll Services in a leadership and operations role. Cindy is focused on providing human resources strategic based solutions and compliance support to our clients. She is active in the HR business community and is a member of SHRM, CHRA, CC SHRM and the Hunt Valley Business Forum.

Agenda

Learning Objectives:• Understand the basic ABC’s and terminology of medical marijuana

• Understand medical marijuana use and the Americans with Disabilities Act

• Determine whether you can legally terminate an employee under the

influence of medical marijuana

• Decipher the differences between state and federal laws and which laws

take precedence

• Drug testing – What employers can and cannot do with regards to drug

testing results

• Review of employer responsibilities under OSHA and the General Duty

clause

• Review of medical marijuana and the impact on HR-related policies.

What needs to change?

• Training – Where to begin?

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Medical Marijuana - History

Where did it all begin?

• Ancient China - 10,000 BC

• United States – Early 20th Century

• Oregon – 1973

• California – 1996

• Washington State – 2012

• Colorado - 2012

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Medical Marijuana - Terminology

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Marijuana in Multiple Forms

• Medical Form:

• Cannabis

• Slang Form:

• Dope

• Grass

• Herb

• Mary Jane

• Pot

• Weed

Cannabis Paraphernalia Terminology

• Blunt

• Bong

• Edibles

• Joint

• Vaporizer

Medical Marijuana - Terminology

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Medical Marijuana - Conditions

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Medical Conditions Qualified for Medical Marijuana• ALS

• Cancer

• Crohn’s Disease

• Glaucoma

• HIV/AIDS

• Multiple Sclerosis

• Parkinson’s Disease

• Others as determined in writing by a qualifying patient’s physician and may include anxiety, depression, anorexia, insomnia or chronic pain

This Photo by Unknown Author is licensed under CC BY-NC

Medical Marijuana- Scientific Terms

Scientific, Medical and Biological Terms Related to Marijuana Use

• Receptors• Cannabinoids• Terpenes• CB1• CB2• Endocannabinoid

System (ECS)• Psychoactive Effects• THC• CBD• Strains

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Polling Question #1

Medical marijuana is not the same as Cannabidiol (CBD).

a. True

b. False

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Medical Marijuana – By Map

The U.S. Landscape for Recreational and

Medical Marijuana

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Medical Marijuana - Updates

Where to find reliable information??

Trusted Websites:

• https://nccih.nih.gov/health/marijuana

• https://www.drugabuse.gov/publications/drugfacts/marijuana-medicine

• https://mmcc.maryland.gov/Pages/law.aspx

• https://www.justice.gov/

• https://www.dea.gov/

• https://www.transportation.gov/odapc/employer

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Medical Marijuana – The LawsFederal Law:

• Marijuana is an illegal drug - Schedule 1 Controlled Substance

• NO exceptions for medicinal use

• NO protections under disability law

• Federal Contractors:

• Drug Free Workplace Act applies

• $100K in contract or grants

• BUT DFWA does not require drug testing

State Law – Varies by State and change regularly.

• Applicable Case Studies

• James v. City of Costa Mesa

• Cotto v. Ardagh Glass

• Ross v. Ragingwire Telecomm Inc.

• Barbuto v. Advantage Sales & Marketing

• Callaghan v. Darlington Fabrics

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Medical Marijuana - OHSA

The OSHA General Duty Clause

Section 5(a)(1) of the Occupational Safety andHealth Act, requires that each employer furnishto each of its employees a workplace that is freefrom recognized hazards that are causing or likelyto cause death or serious physical harm.

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Polling Question #2

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What Act governs workplace safety for employees?

a. Employee Retirement Income Security Act

b. The Occupational Safety and Health Act

c. Health Insurance Portability and Accountability Act

d. Consolidates Omnibus Budget Reconciliation Act

Medical Marijuana – DOT

U.S. Department of Transportation

The Department of Transportation’s Drug and Alcohol TestingRegulation – 49 CFR Part 40, at 40.151(e) – does notauthorize “medical marijuana” under a state law to be a validmedical explanation for a transportation employee’s positivedrug test result.

http://www.justice.gov/opa/documents/medical-marijuana.pdf

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Medical Marijuana - Safety

How Does Marijuana Use Impact Job Safety?

THC Affects:

• Depth perception,

• Reaction time,

• Coordination, and

• Other Driving skills.

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Impact on Employee Benefit Plans?• None in the United States

• Canada – Shifts in Certain Coverage Levels

Why Not in the U.S.?• Feds Classify Marijuana as Schedule 1 Drug

• High potential for abuse

• No accepted medical benefits

• No FDA approval for any reason

• No IRS recognition as approved medical expense

Medical Marijuana - Benefits

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Medical Marijuana – HR Matters

Testing Issues:• Marijuana testing – tricky business

• Stored in fat• Remains in system for approximately 4

weeks (depending on the person)• Can’t determine if

individual is under the influence at time of testing!!

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This Photo by Unknown Author is licensed under CC BY-SA

Medical Marijuana – HR Matters

On the Job Use REMAINS Prohibited

• Federal Level – Marijuana Use at all Levels is Illegal

• State Level – Marijuana Use Coverage Varies – Employers Proceed With Caution Before Making Employment Decisions!

• What are the laws in Your State?

• Are Positive Drug Tests Connected to Medicinal Use?

• Is Employee Seeking Accommodation for Medical Use?

• Follow Traditional HR Practices

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Medical Marijuana – Card Status

• Medical Marijuana Card Status

• Serves as a State-recognized form of Patient ID

• Issued by a State Agency

• Qualifies an individual to purchase Cannabis – best brands/lower prices

• Allows individuals to “enjoy” the full protection of the law.

• Allows individuals to “possess” a specific quantity.

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Polling Question #3

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Where does one obtain a Medical Marijuana Card?

a. Your local physician

b. A state approved medical specialist that has a medical cannabis license

c. A medical marijuana dispensary

d. All of the above

Medical Marijuana – Under the Influence

Signs of Marijuana Use• Physical Change:

• Dilated Pupils

• Bloodshot eyes

• Fast heart rate

• Sleepy, lethargic

• Lack of coordination

• Increase cravings for snacks

• Change in Actions:

• Confusion and lack of focus

• Unusually talkative

• Dropping studies or usual activities

• Misjudging time

• Secretiveness

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Polling Question #4

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Marijuana is not addictive.

a. True

b. False

Medical Marijuana - Paraphernalia

Paraphernalia Used With Medical Marijuana:

• Pipes

• Shredded leafy debris

• Cigarette rolling papers

• Very small bottles of oil

• Small metal clips

• Eyedroppers

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Medical Marijuana – Policy Matters

The Drug Free Workplace Act of 1988

An Act of the United States which requires FederalContractors and all Federal grantees to agree that theywill provide drug-free workplaces as a pre-conditionof receiving a contract or grant from a Federal agency.

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Polling Question #5

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Medical Marijuana is lawful in accordance with Federal law.

a. True

b. False

Medical Marijuana – Policy Matters

HR Policy Recommendations:

• Summary of policy intent

• Safety Standards

• Disability Guidelines

• Defined Use and Possession Parameters

• Rules for Post-accident Testing

• Employee Support Resources

• Rules for Handling Employee Arrests and Convictions

• Reference to Company’s Disciplinary Guidelines

• Management Training

• Review Laws and Update Policy regularly

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Medical Marijuana - Training

Training Check-up - Where to begin?

• One Size Doesn’t Fit All – Consistent Message

• Review State Laws

• Zero Tolerance Policy – Yes or No?

• Define Policy Requirements

• Company Culture

• Industry

• Management Style

• Human Resources Management/Staff Training

• Supervisory/Management Training

• Monitor State Laws

• Update Policies, As Applicable

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Medical Marijuana - Recap

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Wrapping it up!

Checklist to Ensure Your Company is Prepared

✓ Research

✓ Communicate

✓ Educate

✓ Document

✓ Train

✓ Protect

✓ Repeat!

If you have any further questions about the information discussed in this webinar, please feel free to contact us at:

AP Benefit Advisors, LLC

• HQ: 200 International Circle | Suite 4500 | Hunt Valley, MD 21031

• Maryland offices in Salisbury, Rockville, Crofton, and Bethesda

• Pennsylvania offices in Lancaster and Conshohocken

• Offices in NJ, IN, KY, FL and UT

(800) 451-8519 | www.apbenefitadvisors.com

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Medical Marijuana - Questions?