For employers in Oklahoma, the passing of SQ 788 which legalized medical marijuana has created issues many are not yet prepared to deal with. Most employers haven’t yet had an experience with a card-holder and a positive drug test since the Act passed, but as the license count continues to grow, the impact could be significant. (As of December 31, 2018 over 33,000 patient licenses had been issued and the recent trend shows about 2,000 more are added each week.)
The Act prevents discrimination against an employee or applicant based upon their medical marijuana license status, and prevents employers from taking action against a license holder based solely on a positive drug test for marijuana.
Except in limited cases where federally mandated substance testing requirements prevail, employers in receipt of a positive drug test for marijuana have to rethink how they handle the result. Before the Act, drug-free employers could rescind an offer of employment to a candidate or terminate an employee based on a positive result. Now, employers have additional responsibility before taking adverse action for a positive marijuana result.
The Act doesn’t prevent Employers from enforcing drug policies, but employers must take action to ensure compliance. Start with review of your written program to ensure compliance with the Act, as most will now require revised language to be compliant. Employers should also educate their Supervisors and Managers on compliance with the Act, quickly, BEFORE the first positive drug test result is in or the first employee says “I have a card…” Additionally, you need to develop a plan of action for when the inevitable occurs.
Our consultants have participated in a number of educational sessions as employment lawyers across the state have stepped up to train business and HR leaders since the Act passed, and will continue to monitor developments in this important employment arena. If your company has not yet addressed the impact of medical marijuana in your workplace, contact us today. Let us help you strengthen your policies and prepare for this new reality.