DiNome, J., Haverstick, A., & Perkins, H. (2014, December 2). Medical Marijuana and the Workplace: What Employers Need to Know Now. Retrieved from: http://www.forbes.com/sites/theemploymentbeat/2014/12/02/medical-marijuana-and-the-workplace-what-employers-need-to-know-now/#45db3456b910 With so many states legalizing medical and/or recreational marijuana now, employers are wanting to know to what their rights are to discipline or terminate. Federally, possession of marijuana is still illegal. As employers, do we follow our state or federal guidelines? The states that have legalized medical marijuana require that the participants in the program apply for a medical card through a physician and be approved in order to possess or grow it. So the question remains as an employer can you discipline or terminate an employee for testing positive for marijuana? Some states say yes you can while others say no you cannot. It is important as an employer to check your state statutes and case laws to see how your state interprets this. In some states if you have a zero-tolerance drug use policy then you can legally discipline or terminate. The next widely asked question is if under the Americans with Disabilities Act (ADA) you have to provide reasonable accommodations for medical marijuana users who use it during hours that they are not at work, such as, passing a drug test. As medical marijuana becomes legal in more states, employers will need to pay close attention to both federal and state laws regarding this issue. Employers will also need to take into consideration case laws in their state regarding medical marijuana and see how the courts rule on each case. As more states legalize this and employers will need to adjust their policies and find drug testing facilities that can differentiate between currently being under the influence or having used marijuana outside of work hours. Becica, I. (2016, April 20). “Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?” Retrieved from: http://www.hrlegalist.com/2016/04/up-in-smoke-are-employers-required-to-accommodate-medical-marijuana-use/ If your state has legalized medical marijuana you cannot discriminate against a person for being a cardholder. When this article was written only three states protected against a positive drug test if the person is a medical marijuana cardholder. This can pose a problem for employers in this state as it is hard to prove impairment on the job. The most common used testing for marijuana use is a urine type test that cannot show impairment. If you’re an employer with a zero-tolerance policy and not in one of the three states that have already addressed this then you have free reign to hire, fire, or discipline for any positive results whether they have a medical marijuana card or not. There are bills in several states that would stop employers from being able to fire employees unless they can prove impairment on the job. As of April 2016 employers do not have to accommodate medical marijuana users under the American with Disabilities Act (ADA). In the future this may change as different cases are being evaluated. It may be said that an employee has to be accommodated by being able to use marijuana during non-work hours that do not affect their daily duties during work hours. Stay tuned for the outcomes of pending cases. Deitchler, D. (2015, April 15). The workplace and medical marijuana: Employer guidelines for navigating the legal haze. Retrieved from: http://www.insidecounsel.com/2015/04/15/the-workplace-and-medical-marijuana-employer-guide With so many states legalizing medical marijuana employers have many questions arising. Not all states have written in their interpretation of what employers can expect while others have. If your state has not interpreted this for you, you may have to dig deep to make sure you end up compliant with your state. One thing that employers have to their advantage is that marijuana use whether it is medical or not is still federally illegal. There are two kinds of medical marijuana statutes. One that makes it legal to possess marijuana if you have a medical card and one that also includes employment protections. There are several states that are requiring accommodations for medical marijuana users. It is written that you cannot discriminate against card holders and that you may not discipline or terminate a card holder that tests positive as long as they are not impaired on the job. Some states are even allowing unemployment claims for medical card holders if they are terminated due to a positive marijuana test result. All states should review their policies especially prescription drug use in the coming years as this issue is brought more to light. I think as more cases go to trial and judges are given more opportunity to interpret the laws, we could see many changes coming in the future. Atterberry, R. (2015, September 18). Marijuana in the Workplace: A Hazy Issue for Employers. Retrieved from: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/marijuana-hazy-issue.aspx With the new medical marijuana laws, employers will need to evaluate their job descriptions and duties. Although employers will not need to accommodate employees with being under the influence at work, employers may have to make reasonable accommodations for off duty medical marijuana usage. Even if your state does not require accommodations, as an employer you may want to make voluntary accommodations as laws are changing. As an employer be careful of the information that you ask of a medical marijuana carad holder as you may then be required to accommodate them under the Americans with Disabilities Act (ADA) as that would serve as notification of a disability. Saade, R. & Vasquez, J. Medical marijuana laws vs. the drug-free workplace: Can the two co-exist? Retrieved from: http://www.seattlebusinessmag.com/business-corners/workplace/medical-marijuana-laws-vs-drug-free-workplace-can-two-co-exist With the appearance of medical marijuana many employers are wondering if they can keep their zero tolerance drug policies in place without repercussions. Luckily anyone with federal contracts have to abide by the federal laws that marijuana, medical or otherwise is still illegal therefore they must enforce a drug free work place to continue to have the contract and do not need to decipher the state laws regarding medical marijuana. If you do not have a federal contract then there is some grey area still to what should be done if you have a zero tolerance drug free work place. Washington’s statute notes that medical marijuana is legal to possess but does not overlap the zero tolerance drug free work place policies of employers. You may discipline or terminate based on your policy in Washington with no repercussions from the courts. Oregon has a similar outlook on this as well. Employers should be weary of the decisions and precedents they set in regards to medical marijuana policies as far as discrimination and disability. Employers should also make sure to follow their states laws on this subject and follow it closely as it changes. Doughterty, T. (2016, February 1). Marijuana Use and Its Impact on Workplace Safety and Productivity. Retrieved from: https://ohsonline.com/articles/2016/02/01/marijuana-use-and-its-impact-on-workplace-safety-and-productivity.aspx With the rise of legalizing medical marijuana there has been an increase in positive drug results at testing centers for both pre-employment and random or accident related drug testing. The penalty for a positive result in either scenario is not hiring or terminating and people are surprised by this as they feel it is a legal right of theirs to use. Employers continue to enforce their drug free policies and with good reasons such as safety. Short term marijuana effects can play a role in the safety of other employees and themselves with slower response times and impaired memory and thinking skills. With all the new laws around medical marijuana, it is important for employers to have a well written policy surrounding their stand on it. Their policy must take into consideration their states laws. Most states side with the employers on their drug free policies including termination, but a few states do not. In some states you cannot terminate on a positive drug test as it does not indicate that you are currently under the influence or impaired. Luckily for employers they do not have to make accommodations for medical marijuana use under the American with Disabilities Act (ADA) as it is a federal law and marijuana is illegal federally.