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Legal Marijuana Use Attestation

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LEGAL MARIJUANA USE ATTESTATION

This Legal Marijuana Use Attestation ("Attestation") is made and entered into on this date: by and between Organization Name: , with principal place of business at ("Organization"), and Attestor Name: , residing at ("Attestor").

RECITALS

WHEREAS, Organization maintains workplace safety, attendance, and performance standards that apply to all personnel, including rules regarding impairment while on duty or present on Organization premises; and

WHEREAS, certain jurisdictions permit the legal possession or use of marijuana for medicinal or adult-use purposes under applicable law, and Attestor wishes to attest to the lawfulness and circumstances of any such use; and

WHEREAS, Organization requires an express written attestation regarding off-duty marijuana use to document compliance with Organization policies and to establish conditions applicable to safety-sensitive duties.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Attestation, the following definitions apply: "Marijuana" means cannabis and cannabis derivatives or products containing tetrahydrocannabinol (THC); "Premises" means any real property, vehicle, equipment, or facility owned, leased, or controlled by Organization; "Safety-Sensitive Duties" means duties identified by Organization that, if performed while impaired, create an unreasonable risk of harm to persons or property.

2. ATTESTATION AND CERTIFICATION

Attestor hereby certifies, represents, and warrants to Organization that the following statements are true and complete as of the date below:

(a) Jurisdiction of Use: Attestor's lawful marijuana use, if any, is authorized under the laws of the jurisdiction where the use occurs: State or jurisdiction of lawful use:

(b) Nature of Use: Attestor's use is: Recreational Medicinal If medicinal, Attestor shall provide documentation to Organization upon request:

(c) Timing and Location Restrictions: Attestor affirms that any possession or use of marijuana occurs only off-duty and off Organization Premises and not while performing Safety-Sensitive Duties, except as expressly authorized in writing by Organization. Attestor further certifies that, to the best of Attestor's knowledge, Attestor is not under the influence of marijuana while on duty, on Organization Premises, or while performing Safety-Sensitive Duties.

3. ACKNOWLEDGMENTS

Attestor acknowledges that: (i) compliance with state or local laws permitting marijuana use does not excuse conduct that violates Organization policies; (ii) Organization may prohibit marijuana possession or use on Organization Premises notwithstanding lawful off-duty conduct; and (iii) impairment on duty is prohibited and may subject Attestor to disciplinary action up to and including termination.

4. TESTING, INVESTIGATION, AND REPORTING

Organization reserves the right to require testing or investigation where there is reasonable suspicion of impairment, accident, or violation of Organization policy. Attestor consents to such testing and to the release of test results to Organization for purposes of evaluating compliance with workplace rules. Attestor may request procedures for confirmatory testing in writing.

5. CONFIDENTIALITY AND LIMITED DISCLOSURE

Organization will treat medical information and test results as confidential and will disclose them only to persons who have a legitimate need to know for purposes of safety, compliance, accommodation, or as required by law. Organization's obligations of confidentiality are subject to applicable legal exceptions.

6. ACCOMMODATION; LIMITS

If Attestor asserts a need for a reasonable accommodation based on medical marijuana use, Attestor must submit a written accommodation request and supporting documentation. Organization retains the right to deny accommodation where the requested accommodation would create an undue hardship or where safety-sensitive duties are involved and a reasonable accommodation cannot eliminate the risk.

7. INDEMNIFICATION

To the fullest extent permitted by law, Attestor shall indemnify, defend and hold Organization harmless from any claims, liabilities, losses, costs or damages (including reasonable attorneys' fees) arising from Attestor's breach of this Attestation or from Attestor's impairment while performing duties or while on Organization Premises.

8. NOTICES

All notices required or permitted under this Attestation shall be in writing and delivered to the addresses below by hand delivery, certified mail, or other means providing receipt:

9. MISCELLANEOUS PROVISIONS

Governing Law: This Attestation shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of law principles.

Entire Agreement: This Attestation constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations, whether oral or written.

Severability: If any provision of this Attestation is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and the invalid or unenforceable provision shall be reformed to the extent necessary to make it enforceable while preserving the parties' intent.

Amendments; Waiver: Any amendment or waiver of any provision of this Attestation must be in writing and signed by both parties. The failure of either party to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

Counterparts: This Attestation may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

ADDITIONAL INFORMATION

Employee Contractor Visitor Other:

Organization Printed Name:

By:

Date:

Attestor Printed Name:

By:

Date:

Enter text✕

What the Legal Marijuana Use Attestation Is and When It Applies

A Legal Marijuana Use Attestation is a written statement signed by an individual attesting to their lawful use of marijuana under applicable state law and acknowledging any employer, housing, or program-related policies that limit or prohibit use. The attestation documents facts such as whether use is medical or recreational, whether use occurred off-duty and off-premises, and whether any certification or medical card is held. Organizations typically collect this attestation to confirm compliance with workplace safety rules, contractual obligations, or program eligibility while documenting the signer’s representations for recordkeeping.

Why an Attestation Matters for Organizations and Individuals

The attestation creates a clear record of the signer’s factual statements about marijuana use, supporting regulatory compliance, risk assessments, and consistent policy enforcement. It reduces misunderstanding about off-duty conduct, documents consent or acknowledgment of restrictions, and helps organizations evaluate accommodations or safety-sensitive roles.

Why an Attestation Matters for Organizations and Individuals

Typical Users and Signers

Use this attestation only where authorized by policy and consistent with applicable state and federal law; consult counsel for complex situations.

  • Employers verifying fit for safety-sensitive positions and documenting policy acknowledgements.
  • Landlords or housing authorities assessing lease eligibility where drug-use policies apply.
  • Program administrators for benefits, licensing, or volunteer positions requiring behavioral attestations.

Who Signs and Who Reviews

Attestor

An adult individual whose use is in question. The attestor must enter their full legal name, date of birth, and make the factual declarations required by the form, and then sign and date to attest under penalty of law if the document so provides.

Receiving Party

An authorized representative of the employer, housing provider, or program who reviews the attestation for completeness, files it in the individual’s record, and follows internal retention and confidentiality rules consistent with applicable state privacy laws and, where relevant, HIPAA or FERPA constraints.

Essential Fields and Data Elements

Full Legal Name: Enter exactly
Date of Birth: MM/DD/YYYY
State of Use: Full state name
Medical Card: Yes/No
Off-Duty Use: Yes/No
Signature Date: MM/DD/YYYY

Consequences of Incorrect or Misleading Attestations

Disciplinary Action: Employment consequences
Lease Termination: Housing risks
Program Ineligibility: Benefit denial
Legal Exposure: Civil liability
Tax/Benefit Impact: Possible withholding
Criminal Risk: Where use violates law

Common Preparation Pitfalls to Avoid

  • Using an informal or incomplete attestation that omits the signer’s identification and signature, which weakens evidentiary value.
  • Failing to verify the signer’s identity or to require consistent formatting for dates and names, causing record mismatches.
  • Collecting attestations without a clear privacy and retention policy, which can create compliance exposure under state privacy laws.
  • Assuming federal preemption where state law provides different protections or exceptions; always reconcile ESIGN, UETA, and state statutes.

Step-by-Step: Completing the Attestation

Follow these steps to complete the Legal Marijuana Use Attestation accurately and preserve legal validity.

  • 01
    Identify: Enter full legal name and DOB.
  • 02
    Declare: Answer medical card and usage questions clearly.
  • 03
    Date: Use MM/DD/YYYY for all dates.
  • 04
    Sign: Sign and date; include printed name.

How the Attestation Flows Through an Organization

A typical document flow ensures the attestation is collected, reviewed, and retained according to policy and law.

  • Submission: Individual submits signed attestation.
  • Verification: Authorized reviewer confirms identity and completeness.
  • Filing: Document stored in the designated record system.
  • Audit: Periodic checks ensure retention and confidentiality.

Core Components of a Professional Attestation Form

A well-constructed attestation balances clear factual statements, proper signer identification, and robust recordkeeping instructions to support enforcement and reduce disputes.

Identification

Fields for full legal name, date of birth, and contact details to reliably associate the declaration with the individual and avoid mistaken identity.

Statement

Concise factual assertions about whether use is medical or recreational, whether it occurred off-duty/off-premises, and whether a medical card is held.

Policy Acknowledgment

A brief clause confirming the signer has read applicable employer or housing rules and understands any prohibitions or job-related limits.

Signature Block

An explicit signature line with printed name, date, and, if required, witness or notary lines to meet jurisdictional rules.

Verification Notes

Space for reviewer initials, review date, and any supporting document IDs (e.g., medical card number) to maintain a clear audit trail.

Retention Instructions

Clear directions on how long to retain the form and where it will be stored to meet legal and policy obligations.

Customizing an Online Attestation Workflow

Configure the online workflow to collect, verify, and store attestations consistently across users and review teams.

Field Configuration
Identity Check Require government ID upload or two-factor authentication
Required Fields Make name, DOB, and signature mandatory
Reviewer Role Assign a reviewer group with edit/view permissions
Retention Tag Apply retention policy metadata on save

Technical Options for Digital Signing and Submission

Ensure the platform can produce an audit trail, support a BAA if HIPAA applies, and export records in standard formats for long-term retention or legal review.

  • File Types: PDF, DOCX supported
  • Authentication: Email, SMS, or MFA
  • Integrations: CRM and storage connectors

Timing Considerations and Processing Expectations

Plan for review and retention timeframes so attestations are collected and acted on within reasonable operational windows.

Submission Timeline:

Require attestations before start date or onboarding completion

Reviewer Response:

Allow 3–5 business days for verification and follow-up

Notary Scheduling:

Allow additional 1–7 days if notarization is required

Retention Action:

File immediately in secure records after review

Policy Updates:

Refresh attestations when policies change or annually as needed

Practical Examples of Use

Two short examples show how organizations use attestations to manage risk and document compliance.

Employer Example

A manufacturing company requires a pre-hire attestation for safety-sensitive roles to document off-duty use.

  • The attestation affirmatively states off-premises, off-duty use.
  • The company files the signed attestation in the employee file and updates role restrictions where necessary to maintain workplace safety and compliance.

Housing Example

A property manager requests an attestation as part of a rental application to confirm no on-premises use contrary to lease.

  • The tenant declares no on-site consumption.
  • The manager retains the attestation with the lease and may rely on it for enforcement while following state landlord-tenant law regarding disclosures and habitability.

Example eSignature Pricing and Feature Comparison

Below is a concise comparison of common eSignature vendors and basic plan features relevant to attestations and high-volume form workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About the Attestation

Answers to common questions about validity, notarization, e-signing, and recordkeeping for the Legal Marijuana Use Attestation.


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