How Do Medical Marijuana Laws Impact Drug Testing?

 

As of June 2005, eleven states had laws allowing for the medical use of marijuana: Alaska, Arizona, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington. While the majority of those laws specifically do not require employers to accommodate the medical use of marijuana, others do not so specify thereby forcing employers to defend their drug testing programs in court.

 

On June 6, 2005, the U.S. Supreme Court strengthened the position of employers seeking to maintain drug testing programs by ruling that the federal government can prosecute individuals who cultivate marijuana plants for their personal medical use. The decision makes it clear that the use of marijuana is a federal crime, even when state law allows its use for medical purposes. A California appellate court subsequently ruled that an employer does not violate California law by firing, or refusing to hire, an individual who tests positive for marijuana, even when the drug is being used for medicinal purposes. Employers should review their drug use and testing policies to make sure they clearly prohibit the use of any drug that is illegal under federal, state or local law.

 

According to Nancy Delogu, an attorney with the labor and employment law firm of Littler Mendelson and former general counsel for the Institute for a Drug-Free Workplace, employers in states with medical marijuana laws may still need to accommodate a worker's medically recommended marijuana use, at least for a while. "For example, a company may need to allow time for an employee to transition from marijuana to a legal treatment," Delogu said. "We suggest employers deal with each employee on an individual basis."

 

Employers in states with medical marijuana laws should also guard against discriminating on the basis of an individual's status as a medical marijuana user. In early 2006, Rhode Island joined the list of states with a medical marijuana law. While employers in Rhode Island are not required to accommodate the medical use of marijuana in any workplace, neither may they refuse to employ or otherwise penalize a person solely for his or her status as a registered qualifying patient or a registered primary caregiver.

<p>As of June 2005, eleven states had laws allowing for the medical use of marijuana: Alaska, Arizona, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington.</p>

How do medical marijuana laws impact drug testing?

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