Medical Cannabis Use and Drug-Testing Updates for 2021

Recorded Webinar | Adele Abrams | From: Mar 16, 2021 - To: Dec 31, 2021

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Medical cannabis rules have changed again in 2021.

36 states are now enacting their own laws, and to complicate matters, many of the new state rules conflict with existing federal laws which govern cannabis use and employment. 

In addition, OSHA’s rules on drug testing will be changing again, under the Biden administration.  These new regulations can make it more difficult for employers to test their employees.

How are employers expected to keep up with the changing rules?  In this 60-minute program, we’ll cover the latest information on cannabis laws, workers’ compensation reimbursement, drug-testing, OSHA enforcement, and key case decisions you need to know.  Join us as we cover:

  • Types of drug testing allowed by OSHA and which practices may trigger a citation
  • Medical use of cannabis: Federal ADA versus state versions of ADA laws
  • Components critical for an effective substance abuse prevention program, and why your existing program could land you in court
  • Which states have ordered employers to pay for cannabis used by employees to treat workplace injuries - and why
  • Handling impairment issues and how legal CBD use can complicate drug testing

Session Highlights:-

Medical Cannabis Use Updates Impacting Employers

  • The latest states to legalize medical and recreational cannabis use, is federal legalization next?
  • Which states now allow for the recreational use of cannabis
  • How the ADA protects some types of drug use, and how cannabis fits in
  • Workers compensation laws protecting workers’ use of cannabis in lieu of opiates
  • Using the “Direct Threat to Safety” defense to avoid accommodating a cannabis user

Updates to Drug Testing Policies – What You Can & Can’t Do

  • How OSHA drug testing policy changes under the Biden administration
  • Return-to-work drug-testing for medical cannabis users
  • What happens when legal CBD products trigger a positive cannabis test?
  • New drug testing methodologies that may be able to capture “impairment”

We’ll answer the top questions Safety Managers and employers are asking, including:

  • Is there is a difference in when employers must allow medical cannabis use from state to state?
  • What are the types of post-injury drug tests permitted by OSHA?
  • Can we routinely test all injured workers - regardless of cause?
  • How should an employer address medical cannabis laws when they have mobile work crews based in one state, but work in others?
  • How likely is federal cannabis legalization, and how could that impact our organization’s “zero tolerance” policies?

Why Should You Attend?

The ever-changing laws impacting medical cannabis use and drug-testing make it more difficult for employers and safety professionals to ensure a safe, drug-free workplace. This program will provide you with the information you need, and guidance to keep your organization compliant with the latest regulations.

Adele Abrams

Adele Abrams, Esq., CMSP is an attorney, safety professional, and trainer who is president of the Law Office of Adele L. Abrams P.C. in Beltsville, MD, Charleston, WV, and Denver, CO, a multi-attorney firm focusing on safety, health and employment law nationwide. Adele is a certified mine safety professional and she also provides consultation, safety audits, and training services to MSHA and OSHA-regulated companies. Adele is a regular columnist for numerous magazines on legal, employment, mine, and occupational safety/health issues, and is co-author of several books related to mining, construction, employment law, and occupational safety and health.

She is a member of the Maryland, DC, and Pennsylvania Bars, the U.S. District Courts of Maryland, DC and Tennessee, the U.S. Court of Appeals, DC, 3rd and 4th Circuits, and the United States Supreme Court. She is a graduate of the George Washington University’s National Law Center and earned her B.S. in Journalism from the University of Maryland, College Park.