Gary Ross, a veteran and resident of California, has suffered from chronic back pain for over 20 years as a result of injuries he sustained during military service. As traditional treatments and medications were unsuccessful in controlling his pain, his physician in accordance with CA law, prescribed marijuana as medical treatment.
In 2001, Ross was offered a position with a company as a lead systems administrator. Company policy mandated that he take a pre-employment drug test. He tested positive for marijuana. Before taking the test, Ross provided the company and the clinic with a copy of his physician’s recommendation. He was terminated from his position.
To date 14 states, plus the District of Columbia have legalized medical marijuana. Two additional states, Maryland and Arizona, have passed laws that are favorable towards medical marijuana use. At the federal level, marijuana use remains illegal.
As more and more states make it legal for people/employees to use marijuana for medical purposes, employers are faced with how to address this issue in the workplace. How do employers continue to enforce drug-free workplace policies and still comply with federal and state laws?
In general, the courts have ruled in favor of employers who enforce drug free workplace policies. An employer’s right to prevent medical marijuana users from using drugs in the workplace, to terminate them for being under the influence at work and to terminate them for testing positive has been upheld. However, even though the courts have supported employers in the past, given the number of states who are adopting medical marijuana laws- this trend may not continue.
So What Should Employers Do?
First employers should carefully review their drug & HR policies to ensure they include provisions addressing medical marijuana use. Second, employers should make certain their policy complies with state and federal laws. Third, employers need to educate their managers and supervisors about their policies and make certain they know how to respond to medical marijuana issues in a professional and consistent manner.