By Tobias Crawford April 1, 2014
You manage a warehouse and an employee tells you that Joe, one of your best forklift drivers, smells like marijuana. You call Joe in and his eyes are bloodshot, he seems dazed, and he is talking funny. You ask him if he has taken anything, and he pulls out his state issued medical marijuana card. What can you do?
In most states that have legalized medical marijuana, you may not be obligated to accommodate Joe’s medical marijuana use. In fact, several state courts have declined to extend employment discrimination protections to medical marijuana users. Recently, some states have provided statutory protections to medical users. Even in those states, the medical marijuana laws stop short of requiring an employer to accommodate on-the-premises medical use or impairment. This article presents an overview of how employment discrimination claims by medical marijuana users have fared in the courts and describes efforts in some states to provide medical users with statutory protections.
For a full copy of this article, as published in Bender’s Labor & Employment Bulletin, check out the link below.