Untangling The Law Behind Tobacco And Other Lawful Product Use In Workplace Wellness Programs

Can I legally incentivize employees to not use products like tobacco, alcohol or marijuana as part of my workplace wellness program? That may be a question that workplace wellness program professionals ask. The answer depends on both state and federal law.

In the United States, our laws operate in a “federal” system, which means we have laws for two sets of governments – one national and one “subnational” (which in the U.S. are the “states”). See e.g., https://www.britannica.com/topic/political-system/Federal-systems. When it comes to use of certain products, such as drugs, alcohol or tobacco, one must often determine whether the use is lawful under both federal and state law. Read More