by David Evans, Senior Counsel, CIVEL (USA)

January12, 2025

Article forwarded by Hershel Baker, Drug Free Australia. He opens by saying: “Please find evidence below on a current project to make the marijuana industry legally accountable to their victims in the U.S. if they are SUCCESSFUL, it will become very useful to Victims in many other countries including Australia.” 

Legal Primer – Cannabis Industry Victims Educating Litigators (CIVEL) <https://www.civel.org/legalprimer>

The marijuana industry referred to here are those who illegally, negligently or fraudulently produce, market, or distribute marijuana products including those that have not been approved by the FDA or approved under federal law.

Today’s marijuana products can be high in potency and can reach 99% THC.

These products can be very destructive and cause addiction, mental illness, violence, crime, DUIs and many health and social problems. Young people are particularly vulnerable. We must protect them.

A first step is to educate lawyers and the community by providing legal and scientific guidelines for litigators so they can take the marijuana industry to court. We have produced six litigator guidelines:

1. Product liability for the production and sale of dangerous and/or contaminated and poorly processed marijuana for medical or recreational use.
2. Medical malpractice for the promotion and use of marijuana as a medicine without FDA approval.

3. Environmental lawsuits to recover for environmental damage caused by marijuana growing.

4. The federal Racketeer Influenced and Corrupt Organizations (RICO) Act prohibits a person (also a corporation) from investing in, acquiring, or participating in the affairs of an enterprise that engages in racketeering activity. RICO applies to “medical” marijuana and recreational marijuana as both are illegal under federal law. Damage claims for economic injuries can be filed.

5. Server liability for marijuana stores that sell medical or recreational marijuana to customers who then kill or injure others in car crashes or other accidents
6. Lawsuits under the Drug Dealer Liability Act – several states have passed laws that make drug dealers civilly liable to those injured by a driver under the influence of drugs or families who lose a child to illegal drugs and others injured by illegal drugs.

We will arm the legal profession to recognize cases, prepare them and then litigate as was done in the cases against big tobacco and is now being done against the opiate companies.

We will not conduct litigation. Our goal is to get the legal profession to initiate litigation by educating them as to the legal issues and strategies involved. We also plan to educate the public about how the marijuana industry has destroyed lives and families and to support the victims.

For more information contact Senior Counsel, David G. Evans, Esq.

Email: seniorcounsel@civel.org <mailto:seniorcounsel@civel.org>

Please see our legal primer on marijuana and federal law

LEGAL PRIMER <https://www.civel.org/s/LEGALPRIMERCSA2017.pdf>

Other Important Documents

*             CATEGORIES OF THE VICTIMS OF THE MARIJUANA INDUSTRY

<https://www.civel.org/list-of-marijuana-industry-victims>

*             MARIJUANA AS A MEDICINE – POLICY, SIDE EFFECTS, SPECIFIC ILLNESSES

<https://www.civel.org/s/2CIVELMARIJUANA-AS-A-MEDICINE-POLICY-SIDE-EFFECTS-S

PECIFIC-ILLNESSES.pdf>

*             THE FAILURES OF THE STATES TO REGULATE MARIJUANA

<https://www.civel.org/s/THE-FAILURES-OF-THE-STATES-TO-REGULATE-MARIJUANA-ST

UDIES-SHOW-THAT-MARIJUANA-PRODUCTS-HAVE-HIGH-LEVE.pdf>

*             INTERACTIONS BETWEEN MARIJUANA AND OTHER DRUGS

<https://www.civel.org/s/4-CIVELINTERACTIONS-BETWEEN-MARIJUANA-AND-OTHER-DRU

GS.pdf>

*             MARIJUANA AND VIOLENCE

<https://www.civel.org/s/5CIVELMARIJUANA-AND-VIOLENCE.pdf>

*             MARIJUANA USE AND MENTAL ILLNESS AND BRAIN DAMAGE

<https://www.civel.org/s/6CIVELMARIJUANA-USE-AND-MENTAL-ILLNESS-AND-BRAIN-DA

MAGE.pdf>

*             MARIJUANA USE AND DAMAGE TO HUMAN REPRODUCTION

<https://www.civel.org/s/7CIVEL-MARIJUANA-USE-AND-DAMAGE-TO-HUMAN-REPRODUCTI

ON.pdf>

*             CONCERNS ABOUT CBD

<https://www.civel.org/s/8CIVEL-CONCERNS-ABOUT-CBD.pdf>

DISCLAIMER OF LEGAL ADVICE

This should not be considered legal advice. This is for informational purposes only. Use of and access to these materials does not in itself create an attorney – client relationship between David G. Evans or CIVEL and the user or reader. Mr. Evans or CIVEL cannot vouch for any study cited herein since they did not do the study. The readers should consult the study and make their own interpretation as to its accuracy. Please also be advised that case law and statutory and regulatory laws cited herein may have been amended or changed by the time you read this.

David G. Evans, Esq. – Senior Counsel – Cannabis Industry Victims Educating Litigators (CIVEL) (USA)

Source: Email by Herschel Baker <hmbaker1938@hotmail.com> Sent: 11 January 2025 23:06

Workplaces have a unique opportunity to make subtle yet meaningful adjustments to better support employees who may be in recovery or experiencing challenges. When businesses make small changes in their events, management style, and overall culture, they create an environment that respects and uplifts employees facing SUDs. Here are three impactful ways to make the workplace more welcoming:

# 1: Host Inclusive Gatherings with Non-Alcoholic Options

Work events can inadvertently center around alcohol, creating uncomfortable situations for employees who don’t drink and/or are in recovery. Making a few simple shifts can help ensure everyone feels included:
• Avoid holding meetings in bars or pubs. Instead, choose locations that aren’t centered on alcohol, such as coffee shops, casual restaurants, or outdoor spaces.
• Offer a variety of non-alcoholic drinks that are as enjoyable as alcoholic options. These could include mocktails, sparkling water with unique flavors, or other festive drinks. This small touch shows thoughtful consideration and signals that the event is meant for everyone.
• Consider alcohol-free events. Not every event needs to feature alcohol to be fun. Think of team-building activities like escape rooms, game nights, or cooking classes, which naturally focus on engagement without the need for alcohol.

#2: Encourage Supervisors to be Allies

Supervisors play a critical role in creating a compassionate, supportive workplace. By actively supporting employees rather than judging them, supervisors can contribute significantly to a culture of empathy and openness. Here’s how they can help:
• Listen without judgment. If an employee opens up about their challenges, supervisors should approach the conversation with empathy, focusing on support rather than consequences, while of course maintaining safety.
• Respect privacy and confidentiality. Supervisors should reassure employees that their personal issues will remain private and will only be discussed on a need-to-know basis, which helps foster trust.
• Share personal experiences if appropriate. For supervisors in recovery, sharing their stories can inspire others, showing that it’s possible to face challenges and succeed. Authentic, relatable leadership can be incredibly powerful for employees who may feel isolated.

#3: Encourage Coworkers to Support Each Other

Sometimes, coworkers are the first to notice changes in behavior or attendance. They can be crucial sources of support, helping to create a culture that’s proactive and understanding:
• Encourage open, honest communication. Rather than approaching a struggling coworker with judgment, a simple “I’m here if you need anything” can make a huge difference.
• Assist with resources. Coworkers can help each other navigate employment policies, find helpful information, or locate support groups if needed. Being informed and sharing resources can be invaluable.
• Respect boundaries and avoid gossip. Gossip or speculation only adds stigma to those facing SUDs. A culture of respect encourages coworkers to redirect conversations if someone starts gossiping or making assumptions about another’s struggles. For more on the importance of language on stigma, check out the National Institute of Drug Abuse’s resource, Words Matter as well as Drug Free America Foundation’s resource on Stigma here.

These small adjustments—hosting inclusive events, training supervisors as allies, and encouraging a supportive culture among coworkers—can help a business become a welcoming, stigma-free environment for employees with SUDs working towards recovery. By focusing on inclusivity, empathy, and respect, workplaces can create meaningful, positive changes that support both individual well-being and the company’s overall success.

Sources:

Drug Free America Foundation, Inc. “Stigma.” https://www.dfaf.org/wp-content/uploads/2024/09/Stigma-2024.pdf

O’Connor, P., PhD. (2023, November 23). Human resource departments can help or hinder employees with SUDs. Psychology Today. https://www.psychologytoday.com/us/blog/philosophy-stirred-not-shaken/202311/substance-use-disorders-and-the-work-place

Words matter: preferred language for talking about addiction | National Institute on Drug Abuse. (2023, November 15). National Institute on Drug Abuse. https://nida.nih.gov/research-topics/addiction-science/words-matter-preferred-language-talking-about-addiction

“Smart Choices, Safe Workplaces: Educate on Drug Risks”
National Drug Free Work Week 2024

This file was produced in relation to Join the National Drug Free Workplace Alliance (NDWA) in recognizing the Drug Free Work Week 2024 which ran from October 14th through 18th!

Check out these resources that provide essential information on the effects of various drugs and their potential impact on workplace dynamics and safety. Each resource breaks down the signs, symptoms, and behavioral changes associated with substance misuse, helping you recognize warning signs early. With this knowledge, you can better protect and support your employees, fostering a healthy work environment where risks are minimized, and everyone feels valued and safeguarded. These one-pagers are also a useful tool for reinforcing drug-free policies and engaging employees in health and wellness conversations. Resources can be found here.

NATIONAL DRUG-FREE WORKPLACE ALLIANCE

As the workplace division of Drug Free America Foundation, NDWA’s mission is to be a national leader in the drug-free workplace industry by directly assisting employers and stakeholders, providing drug-free workplace program resources and assistance, and supporting a national coalition of drug-free workplace service providers.

For more information and drug-free workplace resources, visit NDWA at www.ndwa.org.

Source: www.dfaf.org

With the increasing legalization of recreational marijuana across various states, employers need to proactively prepare for the changes and their implications on the workplace. As more states allow adults to legally purchase and possess marijuana, it’s essential for employers to review and update their workplace policies to ensure compliance and maintain a safe work environment.

Despite legalization, employers can still prohibit marijuana use that leads to impairment at work, akin to alcohol restrictions. Recent legal decisions, such as White v. Timken Gears & Servs., Inc. in Illinois, reinforce that a positive drug test for marijuana while working, even if used recreationally off-duty, can justify termination if it violates a reasonable and consistently applied workplace policy. This underscores the importance of clear, fair, and legally sound drug and alcohol policies to ensure workplace safety.

• The first step is to reevaluate your drug testing protocols. Ensure they align with both state and federal regulations, particularly if your industry is governed by specific mandates, such as those from the Department of Transportation. Consider your agreements with insurance carriers, as marijuana testing might be a condition of coverage or discounts.
• Testing for marijuana presents unique challenges due to the limitations of current testing methods. Talk with your testing laboratory to understand the differences between qualitative and quantitative tests and determine which best supports your workplace policies.
• Evaluate whether to implement second chance agreements for employees who test positive for marijuana. Additionally, consider providing access to substance abuse programs. These measures can help manage employees who might struggle with marijuana use while offering them a chance to comply with workplace policies.
• Update your policies in your employee handbook, workers’ compensation policies, and other relevant documents to clearly state that while marijuana may be legal, it is prohibited in the workplace. Clearly outline that possession or use of marijuana at the worksite is forbidden and that employees are not permitted to use marijuana during lunch or other breaks. Specify the consequences of violating these policies to ensure there are no ambiguities.
• Hold meetings to communicate the company’s stance and expectations regarding marijuana use to all employees. Transparency is key; ensure employees understand the policies, the reasons behind them, and the consequences of non-compliance. Clear communication helps in setting the right expectations and reduces misunderstandings.
• Conduct comprehensive training sessions for HR professionals, managers, and supervisors on the company’s policies regarding marijuana use. Ensure that all managerial staff understand the testing protocols and disciplinary policies. Training should also cover how to handle conversations with employees about marijuana use, ensuring consistency and sensitivity. Equip your managers with the skills to recognize signs of impairment at work. Understanding how to identify and address employees who might be under the influence of marijuana is crucial for maintaining workplace safety. Provide clear guidelines on the steps to take if impairment is suspected. Check out our trainings here!

The increasing state legalization of recreational marijuana marks a significant change for employers. By proactively updating your drug testing protocols, policies, training programs, and communication strategies, you can effectively manage the impact of this new legislation on your workplace. Staying informed and prepared will help you navigate this evolving landscape while ensuring a safe and compliant work environment.

Sources:

Federal court rules employer did not violate Illinois privacy law for firing worker testing positive for cannabis. (2024, July 30). JD Supra. https://www.jdsupra.com/legalnews/federal-court-rules-employer-did-not-4849901/

NATIONAL DRUG-FREE WORKPLACE ALLIANCE

As the workplace division of Drug Free America Foundation, NDWA’s mission is to be a national leader in the drug-free workplace industry by directly assisting employers and stakeholders, providing drug-free workplace program resources and assistance, and supporting a national coalition of drug-free workplace service providers.

Source:  www.ndwa.org

One of the most pressing issues for businesses in states where marijuana use is legal is determining employee impairment before taking any adverse action. Unlike alcohol, where a simple breathalyzer test can gauge impairment, marijuana’s effects vary significantly based on consumption method, strain, and user tolerance.

Studies have shown that THC—the psychoactive compound in cannabis—and its metabolites can linger in the body long after the “high” has worn off. Recognizing this, many states have enacted laws requiring employers to prove impairment, not just the presence of THC. Traditional drug tests like urinalysis, oral fluid tests, hair tests, and even emerging breath THC tests only indicate prior use, not current impairment.

This means that zero-tolerance policies based solely on the detection of THC metabolites are no longer viable in many states. Instead, employers must place more focus on assessing fitness for duty through reasonable suspicion training for supervisors and consider adopting impairment detection technology.

Given that measuring THC levels cannot be the sole indicator of impairment, new tools have emerged to detect impairment from drug and alcohol use. Advanced impairment detection technologies offer more accurate insights into an employee’s current state of impairment. These devices measure psychological and/or physical indicators, allowing employers to make informed decisions about workplace safety. Leading solutions are portable, scientifically defensible, and provide results within minutes.

However, these technologies alone are not enough. Supervisors play a crucial role in identifying and documenting impairment. Proper training in recognizing the signs of impairment and documenting these observations is essential. Supervisors must be equipped to take appropriate action based on their assessments, ensuring that safety and performance standards are upheld. We here at NDWA can help provide trainings for your supervisors – find out more here.

Employees must understand that they are not exempt from workplace safety regulations regardless of their state’s marijuana laws. Being under the influence at work can endanger themselves and their colleagues, and impact work quality and efficiency. It is the responsibility of employees to ensure their marijuana use doesn’t impair their fitness for duty. They must arrive at work sober and ready to perform.

Advanced impairment detection technology is promising, but isn’t a singular solution. By training supervisors to document regular behavior and performance, businesses can maintain safe and productive work environments.

Source:  NATIONAL DRUG-FREE WORKPLACE ALLIANCE

With the increasing legalization of recreational marijuana across various states, employers need to proactively prepare for the changes and their implications on the workplace. As more states allow adults to legally purchase and possess marijuana, it’s essential for employers to review and update their workplace policies to ensure compliance and maintain a safe work environment.

Despite legalization, employers can still prohibit marijuana use that leads to impairment at work, akin to alcohol restrictions. Recent legal decisions, such as White v. Timken Gears & Servs., Inc. in Illinois, reinforce that a positive drug test for marijuana while working, even if used recreationally off-duty, can justify termination if it violates a reasonable and consistently applied workplace policy. This underscores the importance of clear, fair, and legally sound drug and alcohol policies to ensure workplace safety.

• The first step is to re-evaluate your drug testing protocols. Ensure they align with both state and federal regulations, particularly if your industry is governed by specific mandates, such as those from the Department of Transportation. Consider your agreements with insurance carriers, as marijuana testing might be a condition of coverage or discounts.
• Testing for marijuana presents unique challenges due to the limitations of current testing methods. Talk with your testing laboratory to understand the differences between qualitative and quantitative tests and determine which best supports your workplace policies.
• Evaluate whether to implement second chance agreements for employees who test positive for marijuana. Additionally, consider providing access to substance abuse programs. These measures can help manage employees who might struggle with marijuana use while offering them a chance to comply with workplace policies.
• Update your policies in your employee handbook, workers’ compensation policies, and other relevant documents to clearly state that while marijuana may be legal, it is prohibited in the workplace. Clearly outline that possession or use of marijuana at the worksite is forbidden and that employees are not permitted to use marijuana during lunch or other breaks. Specify the consequences of violating these policies to ensure there are no ambiguities.
• Hold meetings to communicate the company’s stance and expectations regarding marijuana use to all employees. Transparency is key; ensure employees understand the policies, the reasons behind them, and the consequences of non-compliance. Clear communication helps in setting the right expectations and reduces misunderstandings.
• Conduct comprehensive training sessions for HR professionals, managers, and supervisors on the company’s policies regarding marijuana use. Ensure that all managerial staff understand the testing protocols and disciplinary policies. Training should also cover how to handle conversations with employees about marijuana use, ensuring consistency and sensitivity. Equip your managers with the skills to recognize signs of impairment at work. Understanding how to identify and address employees who might be under the influence of marijuana is crucial for maintaining workplace safety. Provide clear guidelines on the steps to take if impairment is suspected. Check out our trainings here!

The increasing state legalization of recreational marijuana marks a significant change for employers. By proactively updating your drug testing protocols, policies, training programs, and communication strategies, you can effectively manage the impact of this new legislation on your workplace. Staying informed and prepared will help you navigate this evolving landscape while ensuring a safe and compliant work environment.

Source: 

• Drug Free Foundation AMERICA, Inc.
• National Drug-Free Workplace Alliance