Cannabis Laws: What Should HR Managers Do?

January 1, 2020 began a new decade and new era for the residents of Illinois.

Licensed marijuana sellers throughout the state began preparing for a rush of new customers on a mission to purchase their share of cannabis as Illinois became the 11th state to legalize the plant for recreational use.

The Cannabis Regulation and Tax Act (The Act) made history when it was signed by Gov. J. B. Prizker in June of 2019. The months following gave way to tremendous support of the social equity impact The Act promises, as its provisions will wipe out over 700,000 cannabis convictions.

On New Year’s Eve, Gov. Prizker pardoned 11,017 of those low-level convictions, stating in a press conference “We are bringing regulation and safety to a previously unsafe and illegal market. And we are creating a new industry that puts equity at its very core.”

Although Illinois seemed prepared for the greater social implications of legalized recreational marijuana use, dispensaries weren’t completely ready for the major influx of first day sales. The media coverage surrounding the first day, produced viral photos of long customer lines on the outside of storefront buildings and headlines like: “Illinois marijuana dispensaries sold more than $10.8 million worth of recreational weed in the first five days of sales…” in the Chicago Tribune.

The map of the United States has grown greener each year with 33 states and the District of Columbia having some form of legalized marijuana use for medical purposes or decriminalization. However; with the surge in sales of Cannabidol (CBD) based products and the initial frenzy of new recreational laws in select states, many HR departments across the country may be left asking themselves what impact the popularity of marijuana could have on the workplace—once the high wears off.

What should Human Resource departments do to keep up with the uptick in marijuana usage?

Tips for HR managers to consider, whether your state has legalized marijuana or not. 

• Know the laws.

Marijuana is still illegal according to the federal government.

In 2016, the Federal government chose to remain firm on the Schedule I drug classification for marijuana despite the growing interest from states to legalize the use of marijuana for medical and recreational purposes.

According to The United States Drug Enforcement Administration (DEA): “Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse”

Federal employees and companies that interact with federal workplaces should pay close attention to government regulations.

• There are limits. 

It’s important not to generalize. Each state with legal recreational usage has different regulations for who can sell, possess and consume marijuana. For example; In Illinois adults 21 and older can purchase and consume up to 30 grams of cannabis while in California the legal limit is 28.5 grams. Familiarize yourself with the laws in your state or any state in which your company has a physical presence, and to be on the safe side, all states with cannabis laws on the books given that employees travel.

• Update Workplace Policies and the Employee Handbook.

Get an outside opinion. It’s wise to have a lawyer and outside HR professionals review your workplace policies and employee handbook to ensure that the workplace continues to be a place where your employees feel safe and productive.

• Create a drug-use policy 

Employers maintain the right to have zero-tolerance workplace policies and it’s important to be very detailed in how your workplace will apply its rules and regulations.

Companies should have a written drug-use policy that encompasses clear rules for new hire drug testing, discloses your plans to use random drug testing, and is transparent about acceptable levels of cannabis on positive drug tests.

Other factors may include but are not limited to; legal action for employees who are found possessing marijuana at the workplace, the company’s definition of “impairment”, and a full outline of the disciplinary process.

• Make sure your employees understand your drug-use policy.

The most effective means of preventing workplace issues related to marijuana could be as easy as communicating. HR managers will have to make sure that their employees know what their workplaces expect of them. Don’t just provide your employees the drug-use policy and get a signed handbook acknowledgment form. Make sure that your employees feel comfortable asking questions about how the policies may affect their recreational use.

As laws change HR departments should be ready to change with them, making sure that workplace polices do not discriminate and are just as forward thinking as the employees that they affect.

• Education is key.

Learn to identify. It’s imperative that HR managers understand what cannabis is and learn the terms associated with its components.

Cannabidiol (CBD) is associated with the cannabis sativa plant and does not cause the “high” effect that comes from tetrahydrocannabinol or (THC). CBD oil is found in many mainstream products and vapor formats and is legal in majority of states.

• Reasonable accommodations.

There is increasing research on the medicinal effects of marijuana and the FDA has approved marijuana as suitable treatment of two rare forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome.

HR managers should refer to the Americans with Disabilities Act (ADA) when dealing with employees that are card carrying medical marijuana users so as not to impede on their employee’s rights.