Puff, Puff, Pass the Drug Test: Marijuana and Drug Testing in the Workplace

LOCATION: Greenbrier Country Club, 1301 Volvo Parkway, Chesapeake, VA 23320
Registration: 11:15 a.m. – 11:30 a.m.
Luncheon and Networking: 11:30 a.m. – Noon
Chapter Meeting: 11:50 a.m.
Presentation: Noon – 1 p.m. (*NOTE: Due to HRCI guidelines lunch will not be available after Noon for in-person attendees.)
Register before May 4, 2023
Members: $35
Not Yet Members: $45
Register after May 4, 2023
Members: $45
Not Yet Members: $55
(You must login to register.)
HRCI and SHRM recertification credits pending.
You can smoke it, you can vape it, you can bake it, you can take it, but can you pass? As more states continue to legalize marijuana, both medically and recreationally, many employers are left with unanswered questions about what impact the legalization of marijuana will have in the workplace and what steps they can take to ensure a safe working environment for all employees. Join us for a panel discussion in which we tackle:
- How legal is legal?
- What types of medical conditions qualify for medical cannabis treatment?
- What is the process for obtaining a written certification for medical cannabis?
- How is dosage determined for medical cannabis?
- How is medical cannabis dispensed?
- In what form is medical cannabis dispensed?
- When is drug testing permissible (pre-employment, random, post-accident, and reasonable suspicion)?
- What type of testing is involved (saliva, urine, blood)?
- How is the testing performed?
- What information does the testing for marijuana reveal (Potency? Usage dates?)?
- How do employers learn about the results of the testing?
- When do employers need to engage in the interactive process under the ADA, VHRA, VDA?
- What considerations are there for safety-sensitive position, unionized workforces, multi-state employers, and federal contractors?
Panelists:
- Annette S. Kelley, M.S.; C.S.A.C.; Deputy Executive Director, Board of Pharmacy at Virginia Department of Health Professions
- Anne G. Bibeau, Principal at Woods Rogers Vandeventer Black
- Dr. Michael Picio, Medical Director at StatFile
ABOUT THE PANELISTS:
Annette S. Kelley, M.S.; C.S.A.C.; Deputy Executive Director, Board of Pharmacy at Virginia Department of Health Professions

Annette S. Kelley has over thirty years of experience working in program development and management, training development, regulatory and legislative services, and contract management within substance abuse, mental health, social services and regulatory systems in both the private and public sector. She worked for the Departments of Juvenile Justice and Social Services before joining the Department of Health Professions in 2019. Annette is currently a Deputy Executive Director for the Board of Pharmacy and is responsible for the Medical Cannabis program. She earned her Bachelor’s Degree in Psychology and her Master’s Degree in Rehabilitation Counseling with a specialization in Alcohol and Drug Abuse Education.
Anne G. Bibeau, Principal at Woods Rogers Vandeventer Black

Anne G. Bibeau is the firm’s Labor & Employment and Cannabis Law Practice Group Manager. She focuses her practice on labor and employment law, alternative dispute resolution, commercial litigation, tax litigation, and the emerging cannabis industry. She advises clients on the Fair Labor Standards Act (FLSA), discrimination and harassment, the Family and Medical Leave Act (FMLA), disability law, labor relations, employment agreements, and other labor and employment matters, and conducts workplace investigations. She is an experienced litigator. She also serves as an arbitrator and mediator and is an American Arbitration Association (AAA) Employment Law Arbitrator. Anne regularly represents clients in various industries, including federal contractors, construction, maritime, and higher education. As an advocate, Anne represents clients in arbitrations and mediations involving employment, labor, and commercial disputes. She also serves as a neutral in arbitrations and mediations in employment, commercial, and consumer cases. She is on the AAA’s Employment Law Panel as an arbitrator.
Anne frequently appears in federal and state courts representing clients in employment, labor, commercial, tax, and other disputes. Prior to joining Woods Rogers Vandeventer Black, Anne was a trial attorney with the U.S. Department of Justice, Tax Division, where she litigated civil tax cases nationwide.
Anne has been advising clients on labor and employment law matters for more than twenty years. She works closely with clients to guide employment decisions to minimize risk. She drafts employment agreements, including agreements for executives, non-compete agreements, arbitration agreements, and severance agreements. She advises clients on managing employee leave issues under the Americans with Disabilities Act (ADA) and FMLA. She assists clients in properly classifying independent contractors and FLSA exempt employees and other wage and hour issues.
Even with the most careful preparation, workplace claims will arise from time to time. Anne is skilled in litigation in federal and state court and an experienced advocate in arbitration’s. She routinely represents clients in Title VII, ADA, Age Discrimination in Employment Act (ADEA), and other employment law cases, including FLSA collective actions. She advocates for clients before the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), the Virginia Employment Commission (VEC), the Occupational Safety and Health Administration (OSHA), Virginia Occupational Safety and Health (VOSH), and other administrative agencies. She routinely represents clients in Title VII, ADA, Age Discrimination in Employment Act (ADEA), and other employment law cases, including FLSA collective actions. She advocates for clients before the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), the Virginia Employment Commission (VEC), the Occupational Safety and Health Administration (OSHA), Virginia Occupational Safety and Health (VOSH), and other administrative agencies.
Dr. Michael Picio, Medical Director at StatFile

Dr. Picio is the Medical Director at StatFile, which is a provider of drug testing, DNA testing, and medical labs testing in Hampton Roads. He received his Bachelor of Science from Saint Vincent College, where he majored in Biology and minored in Chemistry and History. In 1994, he received his Doctor of Osteopathic Medicine from University of Health Sciences; College of Osteopathic Medicine. He completed his Family Medicine Internship and Residency at Naval Hospital Jacksonville Naval Air Station.