Marijuana

OD Comply: Marijuana helps employers stay in compliance with rapidly changing federal, state, and major locality marijuana laws and manage related issues affecting the workplace, including disability accommodation, safety considerations, drug testing, and more.

Marijuana subscription includes:

  • Our proprietary State and Major Locality Summaries, which are searchable and customizable, on medical and recreational marijuana legalization laws, disability discrimination laws implicated by the use of medical marijuana, and drug testing laws impacting marijuana testing
  • Detailed best practice guides for dealing with marijuana use by applicants and employees
  • A decision tree to help analyze employment issues raised by legalized recreational and medical marijuana use
  • Template documents to assist employers with marijuana-related workplace issues, including a reasonable suspicion checklist, disability accommodation forms and letters, and pre-adverse action letters
  • State-by-state guidance on antidiscrimination provisions and employee protections, with a specific focus on how medical marijuana use may implicate the duty to accommodate
  • An explanation of which forms of cannabis (i.e., smokable, edible, topical, cannabidiol (CBD) products, etc.) are legal in each state
  • A list of qualifying health conditions for medical marijuana by state
  • Plain-English summaries of court decisions that clarify the rights and responsibilities of employers in states with legalized marijuana
  • Citations to statutes, court decisions, and applicable regulatory guidance
  • Legal updates and prompt notification of the quickly-evolving changes in marijuana legalization laws as they relate to the workplace
  • A complimentary 30-minute initial consultation call for new subscribers

The Problem

For decades, employers could rely on marijuana’s status as an illegal controlled substance under federal law as a basis to take a zero-tolerance approach to marijuana use by applicants and employees. Today, however, the use of marijuana and related substances such as CBD has been legalized for medical and recreational purposes in a number of states—a trend expected to continue, even as marijuana remains illegal under federal law. The challenges facing employers in this quickly evolving legal landscape include maintaining a safe work environment while complying with related state-specific medical and recreational marijuana use statutes, disability discrimination laws and accommodation obligations, state drug testing laws, and nuances applicable to certain circumstances like government contractors or federally regulated job positions. For multi-state employers, these challenges are magnified as additional states legalize marijuana and impose their own regulatory schemes and employee protections.

The Solution

OD Comply: Marijuana—our flat-fee, subscription-based service—provides an up-to-date compilation of marijuana laws and a concise guide to legal compliance in all 50 states and the District of Columbia. OD Comply: Marijuana identifies nuances in the state and major locality marijuana laws and explains what employers need to do to maintain compliance with these and other related laws such as disability accommodation laws and drug testing laws (marijuana aspects). During the 12-month subscription period, subscribers receive legal updates and notifications of new developments on marijuana that affect the workplace, including new laws passed through legislation and voter ballot initiatives, case law summaries as courts continue to issue opinions, and practical insights on business-centric solutions to help manage this difficult issue. Subscribers also receive access to updated guidance on best practices and compliance tips as well as template documents.

For questions or other details about the OD Comply: Marijuana subscription or about marijuana laws in general, please use the links at the top of this page or contact our OD Comply: Marijuana Team at marijuana@ogletree.com.

Forms, letters, and documents are designed for use by private employers in most industries for most situations. Client-specific customization of forms, letters, and documents is available and outside the annual subscription fee.