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According to the National Institutes of Health (NIH), studies suggest specific links between marijuana use and adverse consequences in the workplace, such as the increased risk of injury or accidents. One study among postal workers found that employees who tested positive for marijuana on a pre-employment urine drug test had 55 percent more industrial accidents, 85 percent more injuries, and 75 percent greater absenteeism compared with those who tested negative for marijuana use.
Not only is legalization a new problem for management, but it’s also a new problem for law enforcement and the courts. Defining what it means to be “under the influence” is difficult at best, and there are few accurate measuring methods available. Thankfully that is beginning to change. 

The impact of marijuana use on the workplace is skyrocketing. State after state legalizes its use, not just for medicinal purposes, but for recreational ones too. At the same time, the Feds haven’t legalized any of its use. 

In this training, Don will summarize the challenges faced by employers in managing employee marijuana use, explain the law addressing this subject, describe relevant marijuana testing devices, and analyze recent court cases. He’ll finish with a few words of advice for the wise.


  • A greater understanding of the dangers of marijuana use and abuse
  • An understanding of the rapidly evolving legal landscape
  • Best practices for managing the problem at your company and in your state

  • Some facts about marijuana use
  • The risks of marijuana use
  • The laws surrounding marijuana use and employment
  • The distinction between medical and recreational use
  • Testing for impairment
  • What is reasonable suspicion?
  • Accommodating marijuana use under disability law

The impact of marijuana use on the workplace is skyrocketing. State after state legalizes its use, not just for medicinal purposes, but for recreational ones too. At the same time, the Feds haven’t legalized any of its use. This leads to a great deal of employer confusion over what they can and should do.  


  • HR
  • Recruiting
  • Managers
  • Leaders

Don has been a California employment practices attorney since 1983. He litigated employment and business cases for 17 years and quit once he figured out that nobody wins a lawsuit. Since leaving litigation, he has written numerous books and presented more than 500 times to executives nationwide. He loves talking about emotional intelligence and creating engaging workplaces!

Don was the founder and President of HR That Works, used by 3,500 companies and acquired by ThinkHR in January 2014. He worked there for two years as a V.P.

Now in his “wisdom-sharing years,” Don loves advising and coaching executives. He continues to inspire with his speaking and training.

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