Conflicting Marijuana Laws Leave Employers High on Confusion

First in a Series of Blogs

Asima J. Ahmad

Over half of the states in the country allow for the limited possession of marijuana for medicinal purposes. Several states, including New York, Connecticut, and Illinois, even provide explicit workplace protections to prevent adverse employment actions against medical marijuana patients. However, the Controlled Substances Act (“CSA”) makes it a federal crime to use, possess, or distribute marijuana. Under federal law, marijuana remains classified as a Schedule I controlled substance, regardless of whether it has any acceptable medical uses. So what should an employer do when an applicant or employee fails a drug test due to marijuana use, or after being informed that an applicant or employee needs to use marijuana as part of his or her medical treatment? These questions are slowly making their way into courthouses across the country, and two recent cases may prove to be instructive. Continue reading “Conflicting Marijuana Laws Leave Employers High on Confusion”