CBD, THC, and the Wisconsin Fair Employment Act 2025

  • OnDemand seminar
  • Employment Law
Up to 1.0 Credit Hour
CBD, THC, and the Wisconsin Fair Employment Act 2025

A dank dilemma

As cannabis legalization expands in neighboring states like Illinois and Michigan, Wisconsin employers and attorneys face complex questions around drug testing and discrimination. An employee may use marijuana legally in another state over the weekend, only to return to work Monday and fail a drug test under their Wisconsin employer’s zero-tolerance policy.

This scenario raises critical questions about employee rights and employer responsibilities, especially under the Wisconsin Fair Employment Act, which prohibits discrimination based on the lawful use of products during non-working hours. Understanding where the lines are drawn between legality, policy enforcement, and anti-discrimination protections has never been more important.

Clear the air

At CBD, THC, and the Wisconsin Fair Employment Act, you’ll gain a better understanding of how federal and state laws diverge, how the 2018 Farm Bill reshaped hemp legality, and what every legal advisor must know to counsel clients properly.

Product details

Schedule

12:00 pm
Introduction and roadmap
12:05 pm
Lawful Product Discrimination Generally
  • Elements of the claim
    o Employee
    o Used/did not use lawful product
    o Off employer’s premises
    o Outside of working hours
12:25 pm
The 2018 Farm Bill and lawful hemp products
  • Farm Bill background
    o Hemp product market in Wisconsin
    o THC and CBD
  • Drug testing implications
12:35 pm
Lawful product discrimination vis a vis lawful hemp products
  • Issues for employees
  • Issues for employers
  • Unresolved issues
  • Impairs performance
  • Employer notice
  • Cross-state employees in states where cannabis is legal
12:50 pm
Program Concludes

Faculty

  • Gain clarity on how Wisconsin law treats cannabis use across state lines
  • Know how to advise clients on lawful product use and employer drug testing policies
  • Explore how recent rulings impact discrimination claims under the Wisconsin Fair Employment Act
  • Help employers create legally sound drug policies that avoid prohibited discrimination
  • Understand how lawful product discrimination relates to other employment discrimination claims

  • Labor and employment lawyers
  • In-house counsel
  • General practitioners

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