The Current Buzz Newspaper Jan 2019

Volume 2 Issue 1 MEDICAL MARIJUANA IN THE WORKPLACE “Unless a failure to do so would cause an employer to imminently lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination, or imposing any term or condition of employment or otherwise penalize a person based upon either: 1. The person’s status as a medical marijuana license holder; or 2. Employers may take action against a holder of a medical marijuana license holder if the holder uses or possesses marijuana while in the holder’s place of employment or during the hours of employment. Employers may not take action against the holder of a medical marijuana license solely based upon the status of an employee as a medical marijuana license holder or the results of a drug test showing positive for marijuana or its components.” Based upon this information employers are provided inadequate guidance by State Question 788 on what they can do if they have a licensed medical marijuana employee in their workplace. used in conjunction with a marijuana positive test that would warrant disciplinary measures and/or Can Employers Test for Medical Cannabis? termination for a medical marijuana user. Employers can still test employees in Oklahoma for marijuana use, even if the employee holds a medical Medical marijuana cardholders are not permitted to bring marijuana to their place of work or use medical marijuana license. Recreational use is not legal marijuana during their work hours. The key message in the Oklahoma. If an employee tests positive for here is nothing has really changed. Company marijuana and does not have a medical marijuana license, an employer can terminate and/or discipline employees continue to be required to report in a condition fit for work and to remain fit for work during according to his/her drug-free workplace policy. their shifts. They also need to be able to safely and Employers are not permitted to discipline and/or effectively perform their work, regardless of whether terminate a licensed medical marijuana employee cannabis is legal or not. based solely on the presence of marijuana and/or its metabolites in a drug test. Neither State Question The Future of Cannabis in the Workplace 788, nor the Oklahoma state legislature, have Oklahoma’s legislators are currently not in session. provided guidance for employers as to what can be Are my obligations as an employer different for recreational cannabis use versus medical cannabis use? As such, employers will have to wait until February before any additional guidance is offered, if any at all, because there is no promise legislators will address cannabis in the workplace this session. An abundance of lawsuits relating to medical cannabis are now active against Oklahoma. These lawsuits could slow legislative action even further. However, Oklahoma’s legislators must provide additional clarification and guidance for employers in the state concerning medical marijuana in the workplace. The beliefs and attitudes written herein are the author’s and should not be deemed an endorsement by The Current Buzz and/or our employees or agents of particular products, practices, or beliefs. We are NOT attorneys. Seek legal counsel should you have additional questions.