5 State Marijuana Mandates Throwing Employers for a Loop
November 25, 2019, Law360, by Vin Gurrieri–
In Nevada, one issue that Reno-based McDonald Carano LLP partner Leigh Goddard said has created a “huge problem” for employers is a law taking effect in 2020 that prevents an employer from rescinding a job offer if the applicant tests positive for marijuana after the offer was made. Goddard noted that there are some exceptions, such as jobs as firefighters or EMS workers, jobs in certain safety-sensitive positions, and jobs for federal contractors. But businesses may get caught in a bind if they must comply with vendor contracts or regulations in other states that mandate drug-free workplaces that are based on a benchmark set by the U.S. Department of Transportation, she said. “Here we have employers that don’t fall within any of these exceptions and they’re required to comply with the requirement, but they can’t fire or revoke that offer of employment,” Goddard said. “So we don’t even really know how to deal with that yet, because we have no guidance and the law hasn’t gone into effect. But that explains a bit of the struggle that employers are going through when they deal with things on a state-by-state basis; it’s really difficult.”
As more states have legalized marijuana for recreational and medical purposes, employers have had to navigate a hodgepodge of different rules as they reevaluate long-standing workplace drug policies and assess their obligation to accommodate disabled workers. While marijuana remains a Schedule I controlled substance on the federal level on par with heroin and LSD — substances the government considers to have no accepted medical use and a high potential for abuse — several dozen states have legalized it in some form. But states and some local municipalities have enacted a wide range of rules and regulations themselves, leaving employers scratching their heads in figuring out how to deal with ever increasing numbers of workers who legally use marijuana and with complying with rules that can vary wildly across jurisdictions. To read entire article click here.
About McDonald Carano
McDonald Carano has been shaping Nevada’s legal, business, and policy landscape since our founding in 1949. With more than 60 lawyers and government affairs professionals working from offices in Reno, Las Vegas, and Carson City, we are Nevada’s law firm for business. Our local, national and international clients include Fortune 500 corporations, fast-growth and mid-market companies, entrepreneurs and startups, non-profit organizations, government entities, and high-net-worth individuals. Our attorneys deliver cross-discipline, one-stop, business law and government affairs counsel. Please visit mcdonaldcarano.com
You have chosen to send an email to McDonald Carano. The sending or receipt of this email and the information in it does not in itself create an attorney-client relationship. If you are not already a client, you should not provide us with information that you wish to have treated as privileged or confidential without first speaking to one of our lawyers. If you provide information before we confirm that you are a client and that we are willing and able to represent you, we may not be required to treat that information as privileged, confidential, or protected information, and we may be able to represent a party adverse to you.
I have read this and want to send an email.