Toking the line: Where medical marijuana meets employment law

The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest medical cannabis may help treat various conditions, including chronic pain, nausea and vomiting (especially from chemotherapy), anxiety, sleep disorders, and conditions like epilepsy, glaucoma, and multiple sclerosis. As a result, several states have statutory or constitutional provisions that prevent employers from refusing employment or otherwise discriminating against qualified medical cannabis patients. But cannabis remains a Schedule I controlled substance under the Controlled Substances Act (CSA).

So, what should an employer do when faced with an employee who holds a medical marijuana card and requests accommodation?

Background

While no state requires employers to accommodate an employee’s on-site use of medical marijuana, states are divided on whether employers must reasonably accommodate an employee’s off-duty use. Federal courts have consistently ruled that employers aren’t required to accommodate medical marijuana use under the Americans with Disabilities Act (ADA).