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High stakes: State cannabis laws make contractors' obligations hazy

February 14, 2019Article
Construction Dive

Many states in the U.S. have loosened up their regulation and restriction laws related to cannabis, or marijuana, in recent years, with 33 states and Washington, D.C., currently allowing it for medical reasons. Ten of those states and D.C. allow adult recreational use.

For employers, including those in the construction industry, this new status of marijuana, which used to be an illegal substance everywhere and under all circumstances in the U.S., presents some challenges — not the least of which is finding workers who can pass a hiring or post-accident/incident drug test.

Some state courts, said attorney Wendy Lane of Greenberg Glusker Fields Claman & Machtinger LLP in Los Angeles, have started looking at medical marijuana accommodations that employers could make before terminating, possibly providing a solution for contractors who are interested in a middle ground.

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