Employee Marijuana Use & Employer Rights

$75 Members / $95 Future Members 

Employers face increasing uncertainty in the workplace when addressing employee use of medical and recreational marijuana. Michigan voters may be considering the legalization of recreational marijuana use in a November 2018 ballot proposal and courts outside of Michigan are beginning to recognize employee rights to recreational and medical marijuana use.  

Please join us for this 60-minute webinar to better understand Michigan’s medical marijuana law and how to design your organization’s strategic response in the wake of evolving state law and public sensibilities about marijuana use. 

What you will learn: 

  • Status of Michigan court decisions concerning Michigan’s medical marijuana statute, related to employment status and unemployment eligibility.   
  • Recent court decisions in other states to identify trends and minimize risk, including state laws that protect lawful off-duty conduct.   
  • Impact under the ADA and state disability laws. 
  • Recent OSHA enforcement guidance regarding post-accident drug testing and the current inability to medically identify when an employee is “under the influence” of marijuana.  
  • Employer-specific language in the anticipated Michigan recreational marijuana ballot initiative.   
  • Best practices and policies for employers related to employee marijuana use given the current and developing state of the law.   

Expert Presenter:  

Don LawlessDonald P. Lawless is a member of Barnes & Thornburg’s Labor and Employment Law Department in Grand Rapids, Michigan. He has 25 years of experience working on behalf of employers to meet their labor and employment law objectives. His labor law practice includes contract negotiation, grievance arbitration, and defense of unfair labor practice charges. He works with clients on USDOL Wage and Hour Division audits, OFCCP compliance and audits, Occupational Safety and Health, and facility and program access under Titles II and III of the ADA.


  • One (1) credit for the MI Chamber Basic or Advanced Human Resource Compliance Certification Program. 
  • One (1) HR (General) recertification credit hour for PHR, SPHR and GPHR recertification through the HR Certification Institute. 
  • One (1) PDC for the SHRM-CP or SHRM-SCP.