HR & Payroll

Legalized Marijuana and the Impact to the Workplace. How to Mitigate Federal, State and Local Marijuana Regulations in 2023

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    Margie Faulk - PHR, SHRM-CP
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    Jul 12, 2023
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    13:00 PM EST
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    90 Min
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Marijuana has long been heralded for its calming properties. But lately, it’s having quite the opposite effect on HR professionals, as they navigate the myriad state laws and court cases affecting the controversial substance to create drug-testing policies and procedures.


The new Marijuana legalization regulations have impacted Employers whether they are in a state where marijuana has been legalized for medicinal or recreational usage. In addition to federal restrictions and state restrictions, many Employers do not know what leverage or power they have to manage the balance between legal Marijuana usage and managing a true drug-free workplace program, consider reasonable accommodations, and mitigate other federal regulations.


This challenge impacts not only OSHA guidelines but also impacts the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and HIPPA Guidelines. Employers need guidance they can follow.


This webinar provides that guidance and will help Employers reduce their risk!


States have continued to join the Legalized Marijuana bandwagon but there are still different state regulations that are different from each other. Now more than ever, employers in all jurisdictions should consider reviewing their existing drug testing or substance abuse policies and determine how best to address any employee positive test result for marijuana, especially in states with medical marijuana laws.


Setting aside marijuana laws, employers also must be mindful of state and local drug-testing statutes, some of which have specific policy requirements and require state approval of the employer’s drug-testing policy before conducting any tests.


Employers and Leadership must ensure they are following all the federal, state, and local Marijuana regulations that impact their state.


There is so much conflicting information that we should ensure what is accurate to be able to avoid the risk of fines, penalties, and even criminal sanctions.


Session Highlight:

·       Legalized Marijuana Employer's Concerns

·       Federal Regulatory Entities Impacted by Marijuana Regulations

·       Are you in a highly regulated industry?

·       OSHA Rules on Drug Testing

·       Marijuana’s Impact on Employers

·       Where is Marijuana Legal?

·       Legal concerns

·       What if the Results are Positive?

·       ADA, FMLA, and a Drug-Free Workplace

·       National Drug Screening as a Resource

·       Reasons To Implement A Drug-Free Workplace Policy

·       Key Elements Of An Effective Drug-Free Workplace Program

·       Mandatory vs Voluntary Requirements

·       Pre-Employment Testing

·       What is Included in a Drug-Free Workplace Program?

·       Drug Testing Process

·       The Best Resolution for Alcohol and Substance Abuse in the Workplace!


Learning Objectives:

·       To discuss how Employers Can mitigate Legalized Marijuana with their Drug-Free Workplace Program

·       To analyze how to do the ADA, FMLA, and legalized marijuana overlap

·       To discuss what states and local jurisdictions have legalized marijuana

·       To inspect the use of medicinal marijuana for chronic illnesses

·       To analyze what reasonable accommodations can be made by employers when it comes to marijuana in the workplace

·       To investigate the resources that employers can access to mitigate all the changes with legalized marijuana

·       To discuss what are the federal regulations on the use of marijuana in the workplace

·       To discuss what states are restricting pre-employment drug testing for Marijuana

·       To inspect what are the types of Marijuana and how they are ingested

·       To discuss Drug-Free Workplace Program

·       To review if you are compliant with the Workers Comp requirements of a Drug-Free Program or lose the 4-5% discount

·       To discuss how will Employers mitigate drug-free workplaces with the new regulations

·       To analyze what will Employers need to do immediately

·       To inspect current drug testing screening policies

·       To analyze what other background screenings are impacted by the Marijuana regulations

·       To inspect what policies should be in place to comply with the new regulation

·       To discuss what issues will HR professionals have to manage with the new regulations

·       To discuss if Marijuana is a reasonable accommodation


Benefits For Attending:


This training will provide you with overall information regarding legal status of Marijuana and  Federal, State & Local regulations in 2023. In addition, each training I offer free customized compliance tools for all attendees. Also get:

·       SHRM Recertification & HRCI PDU Credits

·       Free customized compliance tools in the form of guides, templates, policies, toolkits

·       Additional Supplemental Slides

·       Free answer to all questions even after the training ends

Who Should Attend:

·       All Employers

·       Attorneys

·       Business Owners

·       Company Leadership

·       Compliance Professionals

·       HR Professionals

·       Office Managers

·       Legal Counsel

·       Managers/Supervisors

·       Employers in all industries


Ask your question directly from our expert during the Q&A session following the live event.


Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and international compliance.  Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).

1.5 SHRM-CP / 1.5 HRCI Credits

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