Grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. TheADA does not protect illegal drug use by employees. If the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal. A New Mexico federal court concluded that the same logic applies to disability discrimination claims brought under New Mexico state law. In most instances, firing an employee because she tests positive for medical marijuana is ok. But what if you operate a business in Connecticut, which requires that employers accommodate medical marijuana cardholders? The New Mexico decision underscored that certain state medical marijuana laws may provide limited immunity that won’t conflict with the federal Controlled Substances Act. However, to require an employer to accommodate an employee’s illegal drug use would mandate that the employer permit the very conduct the Act forbids. Therefore, it may be employers nationwide do not need to accommodate medical marijuana use under federal or state law.

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