A U.S. District Court in Maryland ruled that employers are not required to allow employees to use medically prescribed marijuana at work, even under the Americans with Disabilities Act (ADA). While the court acknowledged that employees cannot be discriminated against…
Posts by Category: Medical Marijuana
Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User
A customer service representative employed for 20 years in Washington was awarded more than $1.8 million in damages for the employer’s failure to accommodate her use of opioids that were prescribed to treat her migraines. A Washington federal district court confirmed…
Pennsylvania’s New Medical Marijuana Act Implicates Employer Drug Policies
Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or distributing the marijuana is authorized by the Act…
Montana’s Revised Medical Marijuana Law Survives Constitutional Challenge
The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter…
Illinois Medical Marijuana Law: What Employers Should Know
In November 2015, medical marijuana dispensaries in Illinois began treating patients under Illinois? Compassionate Use of Medical Cannabis Pilot Program Act (Compassionate Use Act). Illinois’s medical marijuana law is one of the most restrictive in the nation. First,…
Don’t Get Lost in the Weeds: Medical Marijuana is Now Legal in New York
The Compassionate Care Act, which was signed into law in July 2014, legalizes and regulates the manufacture, sale and use of medical marijuana in New York. The Act sets forth specific conditions under which a patient may obtain medical marijuana. The Act provides that…
When Must Companies Accommodate Employee Medical Marijuana Use? How About Never?
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…
Washington Court Dismisses Medical Marijuana Claims Asserted by Employee
Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. After a workplace injury, Safeway tested its employee, Swaw, for drugs. Swaw tested positive for…
Medical Marijuana in the Arizona Workplace
With the enactment of the Arizona Medical Marijuana Act (AMMA) in 2010, the number of medical marijuana card holders in Arizona is over 65,000 and growing. Chances are your business does or will employ one of them. This article will answer the five most pressing…
Medical Marijuana Update
With state legislative sessions winding down, it’s been pretty quiet on the medical marijuana front, except for California, where both localities and the legislature continue to grapple with the issue. Gov. Jerry Brown (D) signed Assembly Bill 258, which will bar…