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Seminar Details

October 18, 2017

Employer Issues Relating to Medical and Recreational Marijuana Use

Location: Morgan, Brown & Joy, LLP, 200 State Street, Floor 11, Boston, MA 02109

Time: Registration: 7:30 a.m.; Program 8:00 a.m. - 10:00 a.m.

Presenters: Laurence J. Donoghue, Esq. and Jeffrey S. McAllister, Esq., Morgan, Brown & Joy, LLP

In 2012, Massachusetts passed a law allowing for the use of marijuana for certain medical purposes.  In 2016, the voters of the state approved a referendum allowing the use of marijuana for recreational purposes.  Then, in 2017, the Massachusetts Supreme Judicial Court issued its ruling in Barbuto v. Advantage Sales and Marketing, imposing upon employers an obligation to reasonably accommodate medical marijuana use under certain circumstances.

These developments pose a number of problems for employers who have to balance the requirements of Massachusetts law with concerns about safety, as well as compliance with federal law (which still criminalizes all marijuana use). In this program we will address a number of the more common questions involving use of medical and/or recreational marijuana by employees, including:

  • Can an employer still enforce its drug and alcohol policies?

  • Under what circumstances must an employer “accommodate” an employee’s use of medical marijuana?

  • What can an employer do to assure that employees are not under the influence of substances while performing work?

There is no fee for this program. Please note however that space is limited.

If you have any questions please contact LaToya Johnson at 617.788.5042 or

We look forward to seeing you on October 18th.