Attorney breaks down what marijuana in the workplace means

PLATTSBURGH | On May 13, the North Country Chamber of Commerce held a webinar with Jacqueline Kelleher, an attorney with the firm Stafford Owens, to discuss the recent legalization of marijuana and what it means for employers. "I think the biggest thing that is important to be able to admit to ourselves is marijuana is now as legal as alcohol, pornography, smoking cigarettes, I mean people are allowed to do it," Kelleher said in her opening remarks. Marijuana isn't just legal now, some people arrested for past crimes involving marijuana are being cleared of their record. "As of the day the statute was enacted a number of prior convictions for marijuana possession and sale were vacated. People who were convicted of a felony or misdemeanor for something that is legal now, possessing up to three ounces of marijuana, having plants, those types of things. If it's now legal and your conviction was based on that, it's automatically vacated," explained Kelleher. Kelleher went on to explain that not all marijuana convictions are valid now, and that the people with those convictions may not realize that and still mark it on their employment application form. She warned that it's something employers need to be on the lookout for. As far as the legality of marijuana goes, it's not completely legal. You must be 21 years or older, and even then marijuana must be used outside of the user's work hours, off the employer's premises, and without the use of any of the employer's equipment or other property. In this case, work hours include paid and unpaid meal breaks. Just like with alcohol, employees are not allowed to go to work under the influence. "Marijuana remains a schedule one illegal narcotics in the United States under federal law," said Kelleher. This means that even though marijuana is legal in New York, it's not legal on the federal level. Employers with federal contracts or employees in safety positions such as bus drivers can still be drug tested for marijuana. Kelleher recommends for non-safety-sensitive employers to turn their focus from drug testing for marijuana, to educating management on what impairment looks like. "Focus your energies on teaching your front line supervisors to recognize impairment and you will have a safer workplace than if you were testing for marijuana." She went on to say that if supervisors and managers can recognize specific and articulable symptoms of intoxication and there is sufficient documentation to take the next steps if an employee is impaired during work. "Developing a good protocol on this will make your workplace safer," stated Kelleher. An employer cannot not hire someone because they use marijuana, and just because some may have marijuana in their system does not make them impaired. Employers are also allowed to take adverse action if the employee using marijuana is under the age of 21. For more information on the legalization of marijuana visit the state's newly established Office of Cannabis Management website.

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Attorney breaks down what marijuana in the workplace means

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