Maryland U.S. district court denies right to use medically prescribed marijuana at work

In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate his employment based on his use of medically prescribed marijuana during working hours.

ADA doesn’t protect lighting up at work

The employee claimed that under the Americans with Disabilities Act (ADA), he enjoyed the right to use medically prescribed marijuana to address his anxiety disorder as a reasonable accommodation for his disability. The trial court disagreed, noting that the language of the ADA does not protect an employee’s right to use marijuana while in the workplace.

In reaching its decision, the trial court noted that under federal law, marijuana remains a “Class 1” controlled substance. Accordingly, a state’s statute purporting to allow marijuana for medical use does not alter the legal status of marijuana and does not provide legal protection for use under federal statutes, including the ADA.

Although holding that an employee is not protected in using marijuana at work, the trial court noted that employees are protected from discrimination based on their underlying medical condition treated by marijuana use. In this case, the employee claimed an anxiety disorder. The trial court clarified that the underlying anxiety disorder would remain protected against discrimination and eligible for reasonable accommodation.

Takeaway