Answer – April 17, 2012

Q. What do I do if the employee tells me that he or she is seeking to obtain permission to use medical marijuana?

 

A. Many states now permit use of medical marijuana in limited circumstances.  Employers should remind employees that they are still subject to the employer’s drug and alcohol policy and may be disciplined or terminated for violations.  Seeking to obtain permission to use medical marijuana is not use and does not violate most employer policies.  Disciplining or terminating an employee based solely on this disclosure may result in regarded as disabled ADA claims.    ​

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