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Event Details

    Medical Marijuana in the Workplace: Maryland law impacts versus Federal

    Date: January 24, 2017, 7:30am
    Organizer:
    Kathryn Redden
    Location:
    Dove Pointe
    1225 Mt. Hermon Road
    Salisbury, MD 21804
    Price:
    $15 members / $25 non-members / $0 Meeting Card Holders
    Event Type:
    PDC/HRCI 1.0 General Credit Approved
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    Medical Marijauna in the Workplace:

    Maryland Law Impacts versus Federal

    Registration: 7:30 a.m.

    Professional Development Session: 8:00 a.m.

     Presenter: Robin Cockey, ESQ  Cockey, Brennan, and Maloney

    Areas of Practice: Civil Litigation, Employment/Labor Law, Municipal Law, Zoning Law, Planning and Land Use, Government

    Bar Admissions: Maryland, 1980, U.S. District Court District of Maryland, 1983 U.S. Court of Appeals 4th Circuit, 1999, U.S. Court of Appeals Federal Circuit, 2006

    Education: The College of William and Mary, Marshall-Wythe School of Law, Williamsburg, Virginia J.D. – 1980, Honors: Phi Beta Kappa; Order of Barristers, Swarthmore College, Swarthmore, PA B.A. magna cum laude - 1977

    Published Works

    • "The Family and Medical Leave Act at Work: Getting Employees to Value Families" (Co-Author), 4 Virginia Journal of Social Policy & the Law 225, 1996
    • "For Employers, the Paper Trail Starts with a Written Personnel Policy", 12 The Law Clerk 2, 1997
    • "Can't Buy Me Leave: Looking for Effective FMLA Remedies", Maryland Trial Lawyers Association Reporter, 2007

    Objective: Provide information for human resources managers to be able to implement drug free workplace and remain in compliance with federal and state laws.

    Issues for employers

    Medical marijuana continues to be illegal under federal law, pursuant to the Controlled Substances Act, courts residing in jurisdictions where the use of medical marijuana is legal have found that an employer may maintain a drug-free workplace and terminate an employee for failing a drug test.

    The lingering questions is whether an  To date, however, courts have ruled that, absent statutory protections, employers remain free to set their own drug policies and to discipline or terminate employees who violate those policies.

    Enforcing company enforce policies prohibiting employees from using marijuana for any purpose 

    Employers should evaluate their current drug policies, and continue to monitor

    Does Maryland provide specific protections for employee’s use of medical marijuana

    How can company ensure their handbook complies with each state’s respective laws

    Best approach? - The definition of “illegal drugs” for zero-tolerance employers should be clearly stated, and employers should emphasize that the policy prohibits the use of any drug made illegal under federal law – including marijuana.

    Understanding the Maryland statute

    Maryland legalized a workable medical marijuana program with the passage of Senate Bill 923 in 2014 

    Impact on an employer’s ability to enforce a drug-free workplace policy

    Wrongful Termination Claims in State Courts

    Statute in Maryland does not specifically provide workplace protections for employees using legally prescribed medical marijuana