Medical marijuana has been legalized in more than a dozen states and is being debated in additional state legislatures nationwide. As a result, organizations are becoming exposed to an increasing number of employees and contingent workers that could be under the influence or using medical marijuana while on the job, putting the safety of the […]
A recent opinion by the U.S. Court of Appeals for the Ninth Circuit clarifies employer liability under the Americans with Disabilities Act (ADA) where the employer maintains a lifetime ban on employing individuals that fail a pre-employment drug and alcohol test. In the case, Lopez v. Pacific Maritime Association, the plaintiff challenged a union’s one-strike […]
Arizona voters recently approved Proposition 203, the Arizona Medical Marijuana Act, making Arizona the 15th state, plus the District of Columbia, to legalize medical marijuana.
Like other medical marijuana acts, the law permits patients who suffer from certain debilitating and life-threatening illnesses to possess and use medical marijuana as recommended by their physician and protects the treating physicians from arrest, prosecution and other penalties.
The key differentiator between Arizona’s Act and most other medical marijuana acts is the employment discrimination provisions.
Organizations benefit from a sound drug-free workplace policy as it helps ensure a safe and productive work environment, minimizes liability and helps comply with federal, state and industry regulations. However, recently passed medical marijuana legislation can make creating or maintaining a drug testing policy a difficult task, especially when combined with the risk and safety […]
State legislation regarding medical marijuana has created many gray areas for employers when creating drug free workplace policies and evaluating drug testing results. Even if an employer is not operating in one of the states that has legalized the use of medical marijuana, the issue is being debated in many state legislatures and could be […]
The US Department of Justice (DOJ) recently issued guidelines for Federal prosecutors in states that have enacted laws authorizing the use of “medical marijuana.” The DOJ guidance would seem to, at least partially, counter Department of Transportation (DOT) rules concerning the use of marijuana. It is very important that DOT regulated employers understand the DOT’s […]
