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Medical Marijuana Laws Increasingly Having Employers Dazed and Confused

With Medical Marijuana being legal in 13 States and a half dozen more considering the issue, employers are scrambling for advice on how to approach workers who smoke pot for medicinal purposes. Danielle Urban an Atlanta lawyer interprets federal law that employers are not prohibited from taking adverse actions against someone who tests positive for marijuana but throw into the mix medical marijuana and the legal argument becomes unclear as Colorado permits medical marijuana and another state says it's illegal for an employer to fire someone for engaging in legal, off-duty behavior. Employers also have to take into consideration the Americans With Disabilities Act (ADA). According to Law.com - Under the ADA, an employee fired for using pot for health reasons could file a discrimination lawsuit. Seeking help from the U.S. Department of Justice most likely wont yield any clarity either as the department decided in September of 2009 not to prosecute medical marijuana users.

The Supreme Court has studied the issue twice, once in 2003 when they ruled in favor of the employer by stating that in states with medical marijuana laws, an employer can refuse to accept medical marijuana as a reasonable explanation for a positive drug test. In 2005 they solidified their support by ruling hat the federal government may enforce the Controlled Substances Act's prohibition on medical marijuana against those who use the drug under state laws.

Thirteen states have enacted laws that legalize medical marijuana (Date Legalized)
  1. Alaska (1998)
  2. California (1996)
  3. Colorado (2004)
  4. Hawaii (2000)
  5. Maine (1999)
  6. Michigan (2008)
  7. Montana 2004
  8. Nevada 2000
  9. New Mexico 2007
  10. Oregon 1998
  11. Rhode Island 2006
  12. Vermont 2004
  13. Washington 1998
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