Medical cannabis is on the move, and on the minds of employers everywhere – and not for their personal use. There are numerous employment law implications for state-sanctioned cannabis use. Scenarios range widely, from states such as Washington and Colorado (which have legalized recreational cannabis), to Kentucky, which  limits use very specifically to only non-smokable Cannabidiol (CBD) oils for adults with intractable epilepsy who are participating in a clinical trial. Regardless of the particulars, it is crucial for employers everywhere to understand how their employment policies and practices should be modified to account for these new statutes.

Right now there is little guidance about what the new laws mean for employers, raising questions such as: What does the law require of employers, and what are the risks? How do you respond to job candidates who disclose that they are medical cannabis cardholders? What can you do about employees who ask for a cannabis accommodation? Should employees be disciplined if they fail a drug test or show up to work impaired? Are companies required to expand employee benefit offerings to cover cannabis use? How do the new laws affect businesses that value creative employees and are worried about losing prospects who may be recreational cannabis users?

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