Employers face a whole new set of challenges with the advent of legal recreational marijuana in California.
Now that it is legal, what can employers do to regulate on-duty and off-duty use of marijuana by their employees? This topic will tackle the evolving legal and scientific challenges related to drug testing, policies for on- and off-duty marijuana use, medical versus recreational use, employees in jobs that impact public health and safety, safeguards for policies that treat marijuana like prescription opiates, accommodation requirements and chronic medical conditions, and other issues. Through a detailed overview of the existing law and presentation of various alternatives for policy-making, this material will help employers to understand and avoid potential legal pitfalls, develop practical workplace solutions that take into account the realities of the labor market, and implement compliance strategies to mitigate legal risks. The content also covers California's requirement that cannabis businesses with 20 or more employees enter into a labor peace agreement with a union that represents cannabis workers. The topic will include a discussion of the definition of a labor peace agreement, the distinction between labor peace agreements and collective bargaining agreements, and what employers can expect from the process.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Current State of the Law
- Ross v. Ragingwire Telecommunications
- AUMA, MAUCRSA, and Related Regulations
- Revocation of the Cole Memo and Preservation of the FinCEN Memo
Employee Use and Drug Testing Policies
- Off-Duty vs. On-Duty Cannabis Use
- Medical Use vs. Recreational Use
Policy Frameworks for Employers
- Alcohol Model
- Prescription Drug Model vs. Medicinal Marijuana
- Practical Implications and Enforceability
Labor Peace Agreements
- Legal and Practical Implications
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on September 11, 2018.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty

Oren Bitan
Buchalter
- Shareholder with Buchalter
- Extensive legal background that includes business, real estate, banking, receivership law, consumer product, and commercial litigation
- Trusted advisor who guides his clients through their day-to-day legal concerns, and has particular expertise in disputes involving real estate, banking and mortgage fraud, creditors’ rights, film finance, and intellectual property
- Advises cannabis-related businesses on a wide variety of topics, including disputes regarding business licenses, receivership over grow facilities and dispensaries, real property development, leasing, and financing for cannabis-related businesses, and assembling teams of attorneys to provide general corporate, employment, and intellectual property advice to the industry
- Frequent speaker and has written numerous publications
- J.D. degree, cum laude, Loyola Law School; B.S. degree, University of Southern California
- Can be contacted at 213-891-5012 or [email protected]

Robert S. Cooper
Buchalter
- Shareholder with Buchalter Nemer
- More than 25 years of experience as a management-side labor and employment trial lawyer and commercial business litigator, including numerous jury and bench trials, binding arbitrations, administrative law matters, and defense of class action lawsuits
- Also handles all aspects of labor and employment law and employee benefits litigation
- Conducted numerous workplace investigations and litigated benefits disputes
- Written numerous publications
- Can be contacted at [email protected]
More Program Information
Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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