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Partner Barry Moscowitz is speaking at the 2018 CLM Business Insurance Retail, Restaurant & Hospitality Conference in Dallas on February 8, 2018 at the Renaissance Hotel. He will be speaking on a panel discussing the "Effects of Recreational and Medical Marijuana in the Workplace."

As states across the country continue to legalize both medicinal and recreational marijuana, the question of how to approach employee marijuana use has become more complicated. This is particularly true because while states have become more permissive, marijuana use of any kind remains a federal crime under the Controlled Substances Act.

With the intensive customer interface challenges that employers in the hospitality industry face, maintaining a drug-free workplace is critical. However, in states where marijuana has been legalized, employers must balance that need with respecting employee rights. This is not a concern with recreational marijuana—much like with alcohol, employers are entitled to prohibit employees from using any recreational drugs while at work. However, medical marijuana users with legitimate medical conditions present more of a challenge. This presentation will discuss ways to address this challenge and maintain a safe, drug-free workplace for both employees and customers while still respecting and protecting the medical needs of your employees.


-States across the country are decriminalizing medical marijuana, making its use more prevalent.

-Employers are entitled to maintain a drug-free workplace, but may have to accommodate employees who are prescribed medical marijuana to comply with the Americans with Disabilities Act.

-Employers should enact drug policies that keep marijuana out of the workplace but do not seek to totally prevent employees from using medical marijuana outside of work to treat legitimate medical conditions.


  • Kerry Keeney Curtin, Allied World Assurance Company, Ltd.
  • Tony Lutfi, Maritime Management Company
  • Barry Moscowitz, Thompson, Coe, Cousins & Irons LLP
  • Shane Singh, Lewis Brisbois Bisgaard & Smith, LLP

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