Law360 Article Quotes Peter Lowe On Legal Marijuana And Employer Drug Use Policies

A May 7, 2018, article, “Employers Scrambling to Revisit Boilerplate Drug Policies,” in Law360 (subscription required), quotes partner Peter Lowe on the challenges for employers of keeping up with new state laws legalizing marijuana for medical or recreational purposes. Lowe notes that many state laws governing the use of medical marijuana prohibit employers from denying jobs to prospective employees “solely” on the basis of their authorized marijuana use. Lowe advises clients to address these issues on a case–by–case basis given that different positions come with different duties: “‘Are you hiring them to be in a clerical position?…It doesn’t seem as if [marijuana use] would be a bar for you hiring them. If you’re hiring them for a safety–sensitive position, then that may be a different call.’”