The Wisconsin legislature appears poised to reject a proposal to create a medical marijuana program this legislative session, just a month after the Senate shot down a proposal to legalize marijuana for recreational use. Although Wisconsin’s neighbors Michigan, Illinois, and Minnesota have decriminalized marijuana for at least some uses, the Wisconsin legislature has traditionally been resistant to marijuana reform and lawmakers told Wisconsin Public Radio that they do not expect the latest measure to survive. But marijuana products proliferate in the state in forms legal, illegal, and ambiguous. The often-murky legal status of various products implicates a number of important legal issues for Wisconsin employers, including disability accommodation, drug testing, and workplace health and safety. In this very dynamic area of law where new state and local rules are popping up like weeds, employers should consider the overlapping network of federal, state, and local regulations that vary according to the location of an increasingly mobile workforce.
“It was legal where I did it!”
Wisconsinites have proven more than willing to cross the border to neighboring states for a visit to a retail outlet. The practice is so widespread that last year Wisconsin Governor Tony Evers quipped in a video posted to Twitter, “Frankly I’m kind of tired of talking to the governor from Illinois. Whenever I get with him, he thanks me for having Wisconsinites cross the border to buy marijuana.”...
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