Despite the lack of FDA approval of marijuana medicines being sold in these states, challenges to drug-free workplace policies are underway, as medical marijuana users try to assert a right to use marijuana on the job or just before work5 and recreational users try to Some states prohibit establish that daily use off the clock does not impair them during termination based on a work hours. Some states prohibit termination based on a failed drug failed drug test alone, test alone, instead requiring proof of impairment, when, unlike instead requiring proof alcohol, no scientific measure of impairment has been established. of impairment, when, unlike alcohol, no In short, employers face a multitude of complications in states that scientific measure of impairment has been partially or fully legalize marijuana. How can those with workers in established. multiple states comply with conflicting laws from state to state? How can employers in legalization states comply with federal law that diseases and maintains marijuana is illegal no matter what states say? How can conditions often employers accommodate medical marijuana use if a drug test capped with an reveals an protected status as per some state laws and employee’s elastic clause, the employee demands accommodation of his or her medical use? such as California How much is it going to cost employers to sort all this out through Proposition 215’s litigation? On the one hand, they face costs to defend their any other “or obligation under federal laws to maintain safe environments and illness for which drug-free marijuana workplaces. On the other, they face costs to respond to lawsuits from As provides relief.” employees and the general public if they knowingly jeopardize public a result, most safety through negligent hiring or discrimination as pressure to patients appear to accept marijuana use by employees intensifies. be long-time recreational users To appreciate the headaches such entitlements may create for with everyday employers and the potential dangers the resulting inability to aches and maintain a drug-free workplace will create for coworkers and the ailments. There general public, consider the following scenarios:6 are people with serious diseases, such as cancer, HIV/AIDS, and multiple sclerosis, who turn to marijuana in hopes of finding relief, but they account for less than 5 percent of medical marijuana patients in the states that keep records.4
Some states prohibit termination based on a failed drug test alone, instead requiring proof of impairment, when, unlike alcohol, no scientific measure of impairment has been established. diseases and conditions often capped with an elastic clause, such as California Proposition 215’s “or any other illness for which marijuana provides relief.” As a result, most patients appear to be long-time recreational users with everyday aches and ailments. There are people with serious diseases, such as cancer, HIV/AIDS, and multiple sclerosis, who turn to marijuana in hopes of finding relief, but they account for less than 5 percent of medical marijuana patients in the states that keep records.4 Despite the lack of FDA approval of marijuana medicines being sold in these states, challenges to drug-free workplace policies are underway, as medical marijuana users try to assert a right to use marijuana on the job or just before work5 and recreational users try to establish that daily use off the clock does not impair them during work hours. Some states prohibit termination based on a failed drug test alone, instead requiring proof of impairment, when, unlike alcohol, no scientific measure of impairment has been established. In short, employers face a multitude of complications in states that partially or fully legalize marijuana. How can those with workers in multiple states comply with conflicting laws from state to state? How can employers in legalization states comply with federal law that maintains marijuana is illegal no matter what states say? How can employers accommodate medical marijuana use if a drug test reveals an employee’s protected status as per some state laws and the employee demands accommodation of his or her medical use? How much is it going to cost employers to sort all this out through litigation? On the one hand, they face costs to defend their obligation under federal laws to maintain safe environments and drug-free workplaces. On the other, they face costs to respond to lawsuits from employees and the general public if they knowingly jeopardize public safety through negligent hiring or discrimination as pressure to accept marijuana use by employees intensifies. To appreciate the headaches such entitlements may create for employers and the potential dangers the resulting inability to maintain a drug-free workplace will create for coworkers and the general public, consider the following scenarios:6
What_Will_Legal_Marijuana_Cost_Employers-Complete-1-2015.docx