![]() ![]() Instead, she said, the employer should first determine whether the state at issue provides employment protections to medical marijuana users and, if so, consider engaging in an interactive dialogue with the employee to determine what reasonable accommodations might be available short of allowing the employee to use or be impaired by medical marijuana at work. "When an employer receives a positive test result for marijuana and the applicant or employee claims to be a medical marijuana user, the employer should avoid making any knee-jerk decisions," said Jennifer Mora, an attorney with Seyfarth Shaw in Los Angeles. In other states, courts have rejected that argument.Īdditionally, states have different rules on when a positive marijuana test can be used to discipline or refuse to hire a worker and what steps employers have to take before they can take adverse employment actions. In some states, courts have held that federal law pre-empts state medical marijuana laws. Some state statutes specifically provide workplace protections-particularly for registered medical marijuana patients-and other state statutes make clear that employers do not have to accommodate any marijuana use, even when it's off duty.Ĭourt interpretations also vary. ![]() "This is a complex issue that will vary by state," said David Morrison, an attorney with Goldberg Kohn in Chicago. Although President Donald Trump's administration rescinded the Obama-era position, there hasn't been a ramp up in enforcement, and states continue to approve marijuana use.Ĭurrently, 33 states have legalized medical use and 11 states and Washington, D.C., have given the green light for recreational use.Ĭompare state laws on drug testing with the Multi-State Laws Comparison ToolĮmployers should note that even in states where marijuana use is legal, statutes and court decisions may provide different workplace protections. Marijuana is listed as a Schedule I drug under the Controlled Substances Act, which means that it is deemed to have no medical value and a high potential for abuse.Ĭalifornia was the first state to legalize medical marijuana use in 1996, and more states legalized its use after President Barack Obama's administration eased enforcement efforts for adults who were growing or using marijuana in accordance with state laws. Here are some tips for employers to adapt to the changing legal landscape for marijuana use.Īll marijuana use is still illegal under federal law. ![]() The challenge for employers is keeping up with these laws, because so much is changing all the time, said Kathryn Russo, an attorney with Jackson Lewis in Melville, N.Y. So employers that need or want to continue testing or disciplining for marijuana use must know the applicable state laws, including the court decisions that interpret those rules. "A growing number of states have taken their own steps to ease restrictions on employees' marijuana use for medicinal or recreational purposes off duty," Welch noted. "More and more employers appear to be treating marijuana use like alcohol use and ignoring off-duty recreational use," said Anne-Marie Welch, an attorney with Clark Hill in Birmingham, Mich. Some employers, however, have dropped marijuana from the panel. Employers that drug test typically use a five-panel screen that includes amphetamines, cocaine, marijuana, opiates and phencyclidine (PCP). ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |