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Marijuana in the Workplace: Navigating New Laws, Emerging Risks, and Employer Responsibilities

60 Minutes

June 26, 2026

01:00 PM EST

Live Webinar

Overview

According to the National Institutes of Health (NIH), studies suggest specific links between marijuana use and adverse consequences in the workplace, including an increased risk of injuries and accidents. One study among postal workers found that employees who tested positive for marijuana on a pre-employment urine drug test experienced 55% more industrial accidents, 85% more injuries, and 75% greater absenteeism compared with those who tested negative.

Legalization is creating new challenges not only for employers and management, but also for law enforcement and the courts. Defining what it means to be “under the influence” remains difficult, and historically there have been limited reliable methods for measuring impairment—though that is beginning to change.

The impact of marijuana use on the workplace continues to grow as state after state legalizes its use—not only for medicinal purposes, but increasingly for recreational use as well. At the same time, marijuana remains illegal under federal law, creating a complex and often confusing landscape for employers.

In this training, Don will summarize the challenges employers face in managing employee marijuana use, explain the laws governing this issue, discuss relevant marijuana testing technologies, and analyze recent court decisions. He’ll conclude with practical guidance and key considerations for employers moving forward.

Areas Covered

·      Understand current trends and key facts surrounding marijuana use and its growing impact on the workplace

·      Identify workplace risks associated with marijuana use, including safety concerns, productivity issues, absenteeism, and impairment

·      Navigate the evolving legal landscape, including federal and state marijuana laws and employer responsibilities

·      Distinguish between medical and recreational marijuana use and understand the implications for workplace policies

·      Explore drug testing options and emerging approaches for identifying impairment in the workplace

·      Learn how to recognize, document, and respond to reasonable suspicion situations

·      Understand accommodation requirements and employer obligations under disability and employment laws

·      Review recent legal developments and court decisions shaping workplace marijuana policies

·      Discover practical strategies and best practices for creating compliant, effective, and defensible workplace policies

·      Leave with actionable guidance to reduce organizational risk while maintaining a safe and productive workplace

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All Access Pass Benefits

$999 per year

  • Access to 12 Live or On-Demand Webinars per year
  • All Live and On-Demand webinars include certificates, printable presentation material and handouts
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Speaker

Don Phin's Avatar

Don Phin

Esq

Don Phin is a California employment law attorney. Since leaving his litigation practice at 40, he has focused on helping companies improve their employment and leadership practices. A top-ranked speaker, Don has presented in person over 700 times to CEOs, HR, and other executives. Don has 15 highly-rated programs on LinkedIn Learning that have been watched more than one million times and translated into a dozen languages. Don has written numerous books and built HRThatWorks, an online HR compliance and strategy program, used by 3,500 companies, and sold to ThinkHR in 2014. In addition to consulting and speaking, Don does executive coaching, expert testimony, and workplace investigations. Originally from New York City, Don moved to San Diego when he was 20 to work on a tuna boat… and never came back. Today, Don lives in sunny Coronado, California.