In episode 92, Coffey talks with Mary Ann Fulgium about the legal and practical considerations for employers as more states legalize some or all marijuana use.

They discuss some employers’ changing approach to marijuana testing; Texas’ Compassionate-Use Act; the range of marijuana laws in other states; how the EEOC believes that the Americans with Disabilities Act impacts employers’ marijuana testing practices, including accommodating marijuana users; consideration of past marijuana possession criminal convictions; and Mike’s experience with a weed-distributing Uber driver in San Francisco.

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About our Guest:

Mary Ann Fulgium is a senior Human Resources consultant with the Whitney Smith Company where she has worked the past 15 years. The Whitney Smith Company (recently acquired by Higginbotham) is an HR consulting firm located in downtown Fort Worth and has been in business over 30 years.

Through her years with The Whitney Smith Company, Mary Ann has worked with clients of all sizes and from all industries assisting in all types of HR issues and needs. Prior to working for The Whitney Smith Company Mary Ann's HR experience included both public and private sectors.

She has worked in local government, manufacturing, and healthcare. She has her SPHR and SHRM-SCP certifications and is licensed by the state of Texas as a private investigator.

Mary Ann Fulgium can be reached at http://www.whitneysmithco.com/

About Mike Coffey:

Mike Coffey is an entrepreneur, human resources professional, licensed private investigator, and HR consultant.

In 1999, he founded Imperative, a background investigations firm helping risk-averse companies make well-informed decisions about the people they involve in their business.

Today, Imperative serves hundreds of businesses across the US and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.

Mike has been recognized as an Entrepreneur of Excellence and has twice been named HR Professional of the Year.

Additionally, Imperative has been named the Texas Association of Business’ small business of the year and is accredited by the Professional Background Screening Association.

Mike is a member of the Fort Worth chapter of the Entrepreneurs’ Organization and volunteers with the SHRM Texas State Council.

Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the HR Certification Institute. He is also a SHRM Senior Certified Professional (SHRM-SCP).

Mike lives in Fort Worth with his very patient wife. He practices yoga and maintains a keto diet, about both of which he will gladly tell you way more than you want to know.

Learning Objectives: 

1. Understand the legal framework and policies regarding marijuana use in the workplace.

2. Understand ADA coverage and accommodation with regard to medical marijuana use.

3. Implement up-to-date drug testing policies.