Positive Drug Tests: What Does This Mean for Employees in States with Legal Medical Marijuana?

Friday 9:15 – 10:150 AM

Session Description

Medical marijuana is now legal in over half of the United States; 10 states plus the District of Columbia have legalized marijuana completely, but in Kansas, marijuana is still illegal in all forms. If a doctor prescribed medical marijuana does the employer or insurer have to cover the cost? What about employees who work in multiple states? Is there an accurate test for impairment levels from marijuana? Learn more about medical marijuana matters including state jurisdiction, drug testing, terminations and more in this session.

Learning Objectives

  1. Attendees will learn more about post work accident drug tests and what a positive drug test could mean for their employment, especially if the drug is medically prescribed marijuana
  2. Attendees will have a better understanding of how the different state laws come into play with drugs in the workplace and how it affects businesses with locations throughout several states
  3. Attendees will be able to confirm when an employee could be terminated post-accident based on a drug test or when that could potentially result in a retaliation suit


Fred Greenbaum

Frederick J. Greenbaum serves as one of the senior partners at McAnany, Van Cleave & Phillips and represents employers and insurance carriers, providing defense of workers’ compensation claims and related employment and tort claims.







Greg Goheen

Gregory Goheen’s practice at McAnany, Van Cleave & Phillips focuses on representing educational and other public entities in a variety of capacities. Mr. Goheen serves as outside general counsel for a variety of for-profit and not-for-profit business entities, governmental agencies and homes associations.