Marijuana in the Workplace: Conflicts between Federal and State Law


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

The trend toward legalization of marijuana at the state level continues, with Illinois becoming the eleventh state to legalize recreational use effective January 1, 2020. Medical marijuana is legal in 33 states. All of these state laws conflict with federal law’s continued criminalization of marijuana. This webinar will discuss the conflict between federal and state law, how the courts have dealt with that conflict and decided other issues regarding marijuana use by employees such as marijuana as a reasonable accommodation, and offer practical thoughts on how employers can navigate this growing and increasingly complex area of the law.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   History of legal treatment of marijuana at the federal level, the state-law trend toward marijuana legalization for recreational and medicinal use and discussion on how these laws intersect and conflict
•   Current state of the law regarding the conflict between federal and state law and other issues related to marijuana use, such as state right to privacy laws and marijuana as a reasonable accommodation
•   Practical thoughts regarding the inevitable increase of employees who use marijuana both on and off duty and on and off the premises

Date / Time: March 30, 2020

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: August 1, 2019

James J. Oh, Esq. is a Member in the Employment, Labor & Workforce Management practice, in the Chicago office of Epstein Becker Green. He litigates wage and hour collective and class actions, defends company ERISA plans from inconsistent state law regulation and defends management in high-profile, high-exposure discrimination and wrongful termination actions. He also counsels companies on employment law compliance, including advising and training on issues such as compliance with recreational and medical marijuana laws.

Amardeep (“Amy”) K. Bharj, Esq. is a Senior Counsel in the Employment, Labor & Workforce Management practice, in the Chicago office of Epstein Becker Green. She represents employers in a broad range of disputes including litigation arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Fair Labor Standards Act, among others. She also advises clients on internal policies, such as workplace drug policies, disciplinary action policies, and accommodations.

Kathleen A. Barrett, Esq. is an Associate in the Employment, Labor & Workforce Management practice, in the Chicago office of Epstein Becker Green. She represents clients in employment matters such as allegations of discrimination, harassment, retaliation, breach of contract, and whistleblowing before federal and state courts and administrative agencies. Ms. Barrett previously served as an attorney for the Illinois Department of Financial and Professional Regulation where she worked on regulatory matters related to the rollout of the Illinois medical cannabis program.

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Section I. Federal law overview – How marijuana became and still is considered a schedule 1 drug under the Controlled Substances Act of 1970

Section II. State law decriminalization and legalization trends that conflict with federal law

Section III. How the courts have dealt with the conflict between federal and state laws and applied the marijuana laws in various states

Section IV. Practical thoughts about advising clients about marijuana use by its employee population