Wayne Young participated in a panel discussion regarding Arkansas medical marijuana law at last week's Central Arkansas Human Resources Association's monthly meeting. Medical marijuana laws are creating a "hotbox" of legal issues for employers, according to CAHRA. The new amendment will have widespread implications in the workplace from the interaction with Americans with Disabilities Act to drug testing regulations to worker's compensation law.
Wayne Young participated in a panel discussion regarding Arkansas medical marijuana law at last week's Central Arkansas Human Resources Association's monthly meeting. Medical marijuana laws are creating a "hotbox" of legal issues for employers, according to CAHRA. The new amendment will have widespread implications in the workplace from the interaction with Americans with Disabilities Act to drug testing regulations to worker's compensation law.
Wayne joined other local attorneys to answer questions from CAHRA members concerning the new law and what they should expect. Here is a recap of some of the questions asked and Wayne's responses:
Q) Can the Arkansas General Assembly do anything to amend the Arkansas Medical Marijuana Amendment?
A) General assembly can make laws concerning medical marijuana, but they must remain consistent with the purpose of the amendment that was voted into law. They cannot dramatically change the purpose and while they can do things to limit it, their role is limited to the purpose of the amendment.
Q) What should employers do regarding their current drug testing policies?
A) It is important that the drug testing policy includes provisions that the employee be required to disclose the use of any medication that might impair their ability to safely perform their essential job functions. It is also a good time to review your policy on substance abuse and make sure employees are on clear notice of what the company will tolerate and what it will not. If the policy is a "zero tolerance" policy, it should be clearly defined what type of actions will be taken in terms of discipline, discharge or prevention of hire. Supervisors should be trained on what to look for in terms of signs of impairment due to marijuana. Also, make sure any policy updates to these policies are given to employees and have them sign an acknowledgment. It would also be a good time to perform retraining with employees and supervisors regarding the new policies in place. Finally, employers should consult with the medical review officer (MRO) they utilize in employee drug screening to see how they intend to treat medical marijuana.
Click here to read the News Alert regarding the amendment.