Co-Chair of Firm’s Cannabis Taskforce Talks to Law360 About Legalization and Testing in the Workplace

In an interview with Law360, Brett Wendt discussed some of the workplace challenges that exist due to the patchwork of cannabis legislation across the country. He notes that “…employers are still faced with the intersection of trying to navigate federal and state laws, and that has only become more challenging as more states have passed legislation that’s governing both recreational and medicinal or medical cannabis use.” Brett discusses how situations can get even more complicated for employers with populations of safety-sensitive positions, and he suggests they consider using an “impairment standard.” He explains that the impairment standard “would be no different than whether or not that employer was observing behavior that was consistent with somebody being intoxicated from alcohol, and that leads them to a further inquiry/or a test.”

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