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3 Tips for Creating Your Practice’s Staff Marijuana Policy

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3 Tips for Creating Your Practice’s Staff Marijuana Policy

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Marijuana policy

Now that marijuana is legal in several states, many medical practices have had challenges determining whether employees should be allowed to use it. On the one hand, you don’t likely tolerate staff members who show up to work impaired due to alcohol or other substances. On the other hand, many people have a medical marijuana card allowing them to use it for medical conditions, which may be covered under the Americans With Disabilities Act (ADA). Your best bet in ensuring that you’re covered from a legal and HR standpoint is to create a thorough marijuana policy at your practice.

Check these three tips to develop your marijuana policy so you don’t run into legal trouble.

1. Check Regional and Federal Regulations

Before you start putting pen to paper and creating your marijuana policy, you need to find out whether it’s legal in your area, and if so, what the parameters are. For instance, perhaps it’s only legal for people with a medical diagnosis, or maybe it’s legal in small quantities only. You may need to bring legal counsel in to help you determine what can be in your policy and what can’t.

An attorney can also help you navigate medical marijuana use to stay in compliance with the ADA. In certain circumstances, marijuana is treated exactly the same as a prescription medication, and it’s up to you to ensure you follow the rules to the letter so you don’t run afoul of ADA regulations. Many experts recommend having multiple sections in your marijuana policy — one that covers recreational use, and another that covers ADA-covered use.

2. Share Your Expectations

In your policy, you should clearly and explicitly share what you expect from employees in terms of marijuana use. For instance, if it’s illegal in your state and there are no medical marijuana accommodations, your policy may state that you drug test for marijuana use, and what the outcome will be if a staff member fails one of these drug tests. Of course, testing for marijuana use may also be illegal in your state, which is why it’s important to consult with an attorney before you create your policy.

Or perhaps it’s legal in your state and you want your policy to say no recreational marijuana is allowed on work premises and no one can be impaired from it at work.

3. Train Staff and Managers on the Policy

Once you’ve created your marijuana policy and it’s been approved by your legal team, it’s time to train your staff on the policy and to have them sign and date it. This includes everyone on the team, including providers, office staff, managers and part-time employees, since everyone will be affected by it.

After everyone is aware of the policy, bring in your HR attorney for a question and answer session so staff can ask about the policy’s terms. If you hire new team members, share the policy with them and ensure they sign it and have the opportunity to ask questions so your certain they understand it and there’s no room for confusion.

The laws around creating a marijuana policy and enforcing it are complex. Discover all the ins and outs from attorney Don Phin, Esq., during his online training event, Protect Against Employee Marijuana Impairment Errors & Lawsuits. Register today!


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