Cannabis Pros and Cons

The cannabis industry is one of the fastest growing markets in today’s world with revenues expected to exceed $30 billion by 2025.

The industry brings new market opportunities to some in the printing world; but with this newfound niche comes plenty of headaches, not the least of which is legally banking receipts. Eighteen states permit the cultivation, possession and use of marijuana; and 39 states permit some form of medical marijuana. How does this impact your workplace?

States have different rules and interpretations; but an employer’s responsibilities under the Occupational Safety and Health laws include a basic requirement that transcends all.

“Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act.”

In a business environment in which workers are scarce, it is critical that due care is taken to protect the workforce, especially given the dangers of operating the vast array of equipment used in manufacturing and delivery of graphic communications.

At a minimum, employee handbooks should be updated to address your drug policy. Jobs with safety risks should have job descriptions that specifically note a zero-tolerance drug policy. However, care must be taken to understand the laws of the state(s) you operate in. While many companies maintain overall zero-tolerance policies, states have different rules related to testing and medically necessary use.

In one state, under that state’s anti-discrimination law, medical marijuana can be used to treat certain conditions forcing employers, in these situations, to consider reasonable accommodation for employees.

A federal court in another state found that a medical marijuana card cannot be a reason for declining to hire an applicant.

A key problem is that THC - cannabis’ psychoactive ingredient - can show up in a drug test for a month or more. So what does an employer do when an accident occurs and the post-accident drug test comes back positive? Consider the implications of the affected employee claiming that their drug use occurred during non-work hours and/or they have a medical marijuana card.

In Arizona, Walmart was found to discriminate against an employee when they terminated the employee after testing positive following an accident, although the employee had a medical marijuana card. Clearly, employers need to consult labor law attorneys before taking an action that might be considered discriminatory.

One critical step for employers is to train managers to recognize signs of impairment and what to do if noted.

• Slurred speech or inappropriate speech (e.g., sexual innuendo or jokes)
• Red, glassy eyes
• Loss of focus during a conversation
• Loss of coordination
• Dramatically increased appetite and/or strange eating habits
• Lack of energy and loss of motivation
• Emotional behavior that does not match the situation
• The smell of marijuana on the employee

Employers should:

• Establish and notice everywhere a “Drug-Free Workplace.”
• Comply with state and local laws. (e.g., check with labor counsel)
• Update job descriptions of safety-sensitive positions to specifically include a “no drug” policy.
• Enforce “no smoking” policies (tobacco and cannabis) in the workplace.

In summary, some printers are finding new growth in supporting marketing, communications and packaging in the cannabis marketplace, but all printers need to be vigilant about the workplace issues brought about by the legalization of cannabis and its derivatives in many states, and to be careful not to assume that regulations and interpretations are consistent across states. Consult your HR and labor law experts.