There is no “one size fits all” medical marijuana policy. If the employer is government-affiliated, or has union employees, the prohibitions and procedures will be completely different and subject to those procedures. For private employers who need a general overview, below are some suggestions for enacting a medical marijuana policy.  The below should not be construed as legal advice or substituted for legal advice by an attorney who is given the facts and can provide you with legal advice to address your business’s particular situation:

Sample Medical Marijuana Policy

Company is committed to a safe, quality-oriented, and productive work environment, is a drug- and alcohol-free employer, and has a zero-tolerance policy concerning a) the use, consumption, selling, dispensing, manufacturing, and possession of alcohol and substances regulated as Schedule I substances under the Controlled Substances Act  (“Unlawful Substances”); b) Employees under the influence of Unlawful Substances at the workplace; and c) Employees with a presence of any detectable amount of Unlawful Substances while performing work for the Company. Employee shall at all times ensure that Employee’s off-duty uses of medications or Unlawful Substances prescribed for medical purposes, if lawfully being used under the laws of the State of California and authorized by a qualified medical professional: a) do not interfere with Employee’s duties for Company, Company’s business, or Company’s employees, customers, clients, vendors, and other business relationships; and b) do not pose a threat or danger to Employee, Company’s other employees, or any third parties.   Employees observed to be under the use, possession or impairment of Unlawful Substances at the workplace or during the course of performing duties for Company will be subject to drug testing, and if determined to have violated Company’s policies herein or elsewhere will be subject to discipline, up to and including discharge.

 

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AXIS Legal Counsel’s provides legal advice to numerous businesses throughout California with a variety of legal matters, including employment, employee relationships, labor law, and wage/hour matters, as well as compliance with California’s numerous employment and labor laws. We have assisted clients develop employment policies, become compliant with California’s wage and hour laws, prepare employee handbooks, management agreements, employment agreements, independent contractor agreements, and numerous similar labor law and employment legal matters. We have also represented clients in litigation matters involving employee and independent contractor disputes, mediations, lawsuits, and arbitrations. For information on retaining AXIS Legal Counsel to represent your business in connection with any legal matter, contact info@axislegalca.com or call (213) 403-0130 for a confidential consultation. ConsultTeaser

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