Toking on the Job.

• Author: Wilson, Rob
• Position: ECONOMICS - California's AB-2069

California made the decision to shelve a law which would have offered workplace protections to employees who are qualified to use medical marijuana. In part, the bill could have allowed these qualified users to be "under the influence" of medical marijuana at work, provided that they were not unduly impaired or having a negative impact on the company.

Critics of California's AB-2069 said that the bill was too broad and impinged on an employer's ability to maintain a drug-free workplace. This is an issue that is growing in size and scope, as many states now allow marijuana use, either medically or recreattonally--or both. This has led to some very murky waters for employers, especially as some states prohibit the discrimination of employees with a medical marijuana card, while other states do not.

So, what should an employer do to navigate this issue? First, employers need to get familiar with their state's specific legislation. If your employees are part of a collective bargaining unit, then it is likely that drug stipulations already exist, including specific limits for drug use. For example, in a recent case, an employee was found to be under the influence while on the job, but he claimed his medical marijuana card gave him permission to use while working. However, a drug test revealed that he was...