Cannabis Considerations for Construction Employers

Speaker: Justin R. Wheeler of Hilger Hammond PC and Phil Casto of HUB International


In 2018 voters in Michigan legalized adult use recreational marijuana, while it remains a Schedule 1 substance under both Michigan law and federal law. Marijuana in the workplace is now a major concern.

Given the physical wear and tear associated with construction work, builders are susceptible to opioid abuse. Almost one in six construction workers uses illicit drugs, and industry opioid spend is 5 percent to 10 percent above every other industry.

Join our construction experts to hear what contractors can do to protect their profitability and fight back against the substance abuse epidemic. They will talk through important points like drug and alcohol use prohibitions, workplace training, required drug and alcohol testing for DOT-regulated employers, the laws regulating non-DOT-required drug testing, the pros and cons of drug testing, and the risks of not conducting drug testing—all in the name of retaining workers, reducing incidents of absenteeism, accidents, turnover and theft, and maximizing morale and productivity.

Key Takeaways:

  • What you can and can’t do with marijuana; how much you can possess and grow; and where you can and can’t use it.
  • How the conflict of laws impacts marijuana businesses and individual consumers.
  • What employers do and do not have to do with respect to marijuana in the workplace, even if an employee has a medical marijuana license.
  • Substance abuse costs to the industry, and the impact of abuse on employee safety.
  • Processes to update drug testing policies that reflect applicable laws governing employees.
  • The legal exposures of not maintaining a drug-free jobsite.
  • About payment and indemnifications issues and how banks are reacting to marijuana clients.
  • A number of construction contract considerations and dangers to consider when constructing marijuana facilities.

Who Should Attend: Contractors and other construction employers