Q & A – What do I do if the employee provides proof that he or she is authorized to use medical marijuana?

Q. What do I do if the employee provides proof that he or she is authorized 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. Obtaining permission to use medical marijuana is not use, however, and does not violate most employer policies. Disciplining or terminating an employee based solely on having this permission may result in regarded as disabled ADA claims. In Arizona, if the position is a safety sensitive position then employers may have the right to remove employees from that position, while the employee is prescribed or taking any drug that may impair them on the job including medical marijuana.