In an article published in the November 2023 issue of’s HR Legal and Compliance, Keya Denner and Ashley Orler discuss compliance challenges for businesses continuing to navigate state laws legalizing cannabis for medicinal or recreational purposes and the continued and conflicting ban on the federal level.

With these variances at the state and federal level, employers must consider compliance issues that span a wide range of practical concerns, such as anti-discrimination protections for off-duty cannabis use, which creates the need for changes in how use is disciplined and tested.

“The constantly evolving status of cannabis laws requires employers to periodically reassess their policies related to hiring, drug testing, impairment training, and substance abuse. Employers must establish evidence-based protocols for documenting behavior and other signs of cannabis impairment on the job. Managers and supervisors should be trained by employers on how to observe, investigate, and document workers who may be under the influence of cannabis while working,” said Denner and Orler. “Failure to adjust to the ever-changing landscape of cannabis laws may lead to significant liability under these state law protections that may be enforced by workers or state agencies.”

To read the full article, click here.

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