Justia Connect Webinars Up in Smoke: Drug Testing and Marijuana in Today’s Workplace

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Overview AI Webinar Summary

Up in Smoke: Drug Testing and Marijuana in Today’s Workplace

Pot, Mary Jane, Weed, Blunt, Fatty. No matter what you call it, marijuana is part of American culture and, increasingly, along with other drugs, presents workplace issues for employers. This presentation will cover some fun facts about marijuana; review facts about other types of drugs and signs that an employee may be under the influence; cover various marijuana laws in the United States; discuss drugs’ intersection with the Americans with Disabilities Act; and conclude with a discussion on legal issues that arise with candidate and employee drug testing.

Topics covered include:

Employment Law Disability Law

Agenda:

Introduction

Overview of the topics we will cover today related to drug testing in the workplace

Facts About Marijuana

This segment will look at various facts and statistics about marijuana use

What Is It?

This segment will review various types of illicit drugs and controlled substances, describing the signs and symptoms that someone is under the influence to assist employers with reasonable suspicion testing and workplace safety measures

Marijuana Laws

This segment will discuss laws regulating marijuana on a federal and state level, along with marijuana laws that touch upon employees and the workplace

Americans with Disabilities Act

This segment will cover drug use and addiction’s intersection with the ADA and disability accommodations

Drug Testing

This segment describes the permissible situations for an employer to drug test and some basic parameters around testing

Q&A (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: February 10, 2026 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Jackie Staple, a labor and employment attorney, will discuss drug testing and marijuana in the workplace. Jackie will cover the prevalence of marijuana use, categories of illicit drugs, and the intersection of federal and state marijuana laws. The presentation will also address the Americans with Disabilities Act and its relation to drug use.

05:30 Marijuana Use and Economic Impact

Jackie presents statistics on marijuana use among high school seniors, highlighting its prevalence. She explains the economic impact of marijuana legalization, noting significant tax revenue and job creation in states like Colorado. Jackie discusses the importance of managers recognizing drug use signs in the workplace. She emphasizes the need for understanding the legal landscape of marijuana use and its implications for employers.

14:49 Drug Categories and Effects

Jackie explains the effects of various drug categories, including marijuana, opioids, stimulants, and hallucinogens. She highlights the impact of THC, the psychoactive component of marijuana, on workplace performance. The opioid epidemic and its effects on individuals and workplaces are discussed. Jackie outlines the effects of stimulants and hallucinogens, emphasizing the importance of recognizing signs of drug use.

29:26 Marijuana Laws and Employment

Jackie discusses the complex legal landscape of marijuana laws at the federal and state levels. She explains the Controlled Substances Act and its classification of marijuana as a Schedule I drug. The evolution of federal enforcement policies regarding marijuana is outlined. Jackie highlights recent legislative efforts, such as the MORE Act, to decriminalize marijuana at the federal level. She covers the intersection of marijuana laws and employment, focusing on anti-discrimination provisions. She explains how state laws vary in their treatment of marijuana use and employment decisions.

49:36 The ADA and Drug Testing

The Americans with Disabilities Act (ADA) is discussed in relation to drug use and workplace accommodations. Jackie discusses drug testing practices, noting a trend of employers declining to test for certain substances. She explains the Fair Credit Reporting Act's relevance to drug testing procedures. Different types of drug testing, such as pre-employment and reasonable suspicion testing, are outlined. Jackie highlights the importance of objective assessments and compliance with legal requirements in drug testing.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Jackie Staple Partner, Labor and Employment
Jackson Walker LLP

Jackie Staple, a labor and employment attorney based in Jackson Walker’s Houston office, focuses on advising and counseling companies on employment law compliance and handling labor and employment transactional matters. Jackie has depth of experience drafting various employment, separation and release, and restrictive covenant agreements, as well as conducting due diligence of employment considerations in equity and asset transactions as a member of mergers and acquisitions deal teams. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 9, 2031

California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 9, 2028

Illinois CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 9, 2028

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: February 9, 2027

Ohio CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: February 9, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: January 31, 2027

West Virginia CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: December 31, 2029

This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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