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Sean Mack Featured as Guest on Bloomberg’s ‘On The Merits’ Podcast: “Weed Testing for Workers May Not Be Worth It Anymore”


Sean Mack, co-chair of the Cannabis & Hemp practice and co-chair of the firm’s Litigation practice at Pashman Stein Walder Hayden P.C. appeared as the featured guest speaker on Bloomberg Law’s ‘On The Merits’ podcast, which provides interviews and analysis on a variety of legal and government topics. The podcast features guest speakers from across the industry, including reporters, editors, attorneys, legal scholars, and government officials. The episode is titled, “Weed Testing for Workers May Not Be Worth It Anymore” and discusses the recent ramifications of employers administering marijuana drug tests to their employees.

Mack says testing employees for marijuana–or even firing them for testing positive–is now so fraught with employment law issues that it may no longer be worth the hassle. Mack discusses a case out of Ohio, Fisher v. Airgas, in which an employee who was fired for a false positive marijuana test result won at the federal appellate level. Mack says it’s a sign that, in employment law cases, even federal judges are able to look beyond cannabis’ controlled substance status.

Even the federal judges are really trying to deal with these issues: How do we protect employees’ rights and the employers’ rights?” said Mack.

It’s particularly difficult because you can’t have just one set of policies across different states. So the bad news for employers is, at this point it’s very difficult for lawyers to give you concrete answers out of these questions,” said Mack.

To listen to the full podcast, click here.

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