As of May 2016, 25 states plus the District of Columbia allow the medicinal use of marijuana by patients suffering from certain debilitating medical conditions. With perhaps 70-80% of marijuana patients between the ages of 18 and 60, there may be upwards of one million users in the workforce. As recently enacted state laws come online and new states join, workforce numbers are expected to increase. Employers across the country, therefore, face the emerging issue of how they are allowed to manage the medicinal use of marijuana by their employees. One increasingly common question employers face is whether they can fire an employee, or rescind a prospective employee’s job offer, for failing a drug test caused by ingestion of marijuana away from work premises, or must they refrain from acting on the test and thereby accommodate the use? In most states, statutory language and court decisions do not require employers to accommodate. However, seven states impose more restrictions on employers, and at least four other states are considering changes to make their laws more employee-friendly.
Hiring Tips Blog

Most States Do Not Require Employers to Accommodate Use of Medicinal Marijuana
Jun 1, 2016 | Pre-employment Drug Testing
Recent Posts
- I-9 Audits and Site Visits: How Construction Employers Can Prepare Before the Feds Come Knocking
- DOJ Accuses Illinois of Interfering with Federal Immigration Policy Via Workplace Privacy Law
- California Privacy Protection Agency Fines Retailer Over CCPA Violations
- Joyce, Jeffries Reintroduce Bipartisan Legislation to Prepare for Inevitable End to Federal Cannabis Prohibition
- Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s DisabilityDiscrimination Claim
Categories
- Background Check Compliance (100)
- Background Check Laws (59)
- Background Screening (41)
- Biometric Identification (2)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (177)
- Data Protection & Privacy (99)
- E-Verify Issues (74)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (48)
- Employer Negligence (36)
- Employment Screening (135)
- Fair Credit Reporting Act (108)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (2)
- Hiring Legal Compliance (1)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (87)
- IT and Data Security Hiring (11)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (11)
- Pre-employment Drug Testing (184)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (19)
- Uncategorized (1)
- Wage History Checks (4)