Q & A – March 7, 2016

Q. What do I do if an 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 and be regarded as a disabled ADA claim.