Business Owners and Cannabis!
Ok, here we go with this one! It seems everyone has their own opinion about cannabis and that's fine. But what about how it impacts the workplace?
"Wait a minute ...I have a Medical Marijuana card." "Oh, my doctor prescribed marijuana for me and I have a copy of the prescription." "You can't fire me for using marijuana...it's legal now."
Are these statements true? Do you, as the business owner, have any recourse against incapacitated workers who are high at work, posing an eminent danger to themselves and their fellow employees?
Of course you do....but you still must be very careful here in the big CA. Remember, CA is THE MOST liberal ( and suit happy ) state in the Union. Lawyers love this stuff as it mean $ to them....and most of the time...those $ come out of your business ( and personal) pockets.
So how can you know what to do to best protect yourself? Isn't all you want to do is just make a healthy profit? How can I keep up with all this 'crap' which keeps me from making those profits?
Well, the answer is pretty straightforward for CA. Here are some special considerations when dealing with marijuana in the workplace as defined by the article in Entreprenuer Magazine:
"..... if your business is headquartered in or has employees in states that have legalized possession and use of medical marijuana and/or adult-use marijuana, you may need a ( employee handbook ) policy with some flexibility:
Define what policy means by “marijuana,” “cannabis,” “medical marijuana,” “recreational use,” “after hours,” or any other term used in the policy.
Clarify what the business means by “under the influence.”
Specify procedures and penalties.
Require employees to self-disclose if they want accommodation under ADA.
Protect employees who self-disclose medical problem from discrimination.
Contract for testing that differentiates marijuana use from other drugs.
Educate employees and managers in clinical issues relating to the nature of cannabis, its effects and their relationship to work, and the language of laws affecting drug use and abuse.
Refer employees to resources for treatment of abuse of drugs.
Include policy in recruiting materials and new hire onboarding.
Remain consistent in practice and application of policy.
The last and most important concept is to educate yourself. YOU ( or your HR personnel) need to know how to deal with this issue.
Here is the link to the Article: Legalized Marijuana
Be sure to read the article and get to know how YOU and YOUR BUSINESS will handle this topic. If you have any further questions, contact your corporate lawyer to review. If you are like most people with no lawyer on retainer, discuss it with your HR personnel. If you are like most businesses, your HR personnel are just regularly skilled people who have been thrust into that position because they knew 'something' about HR and aren't certified or current in their certification.
If you need help, contact us at:
909-481-7223 or email our Compliance Department at:
We will help!
