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Are employers required to accommodate medical marijuana use?

medical marijuana

In SHRM’s article, Weed at Work: Must Employers Accommodate Medical Use?” they examine workplace accommodations for medical marijuana use.

Under federal law, marijuana use is illegal. But more states are legalizing its usage and more people are using it as a treatment option for their health concerns. Should public sector organizations review their policies when it comes to drug-testing and screening practices? Do screening practices and drug test violate your obligations under state disability-accommodation and leave laws?

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The Americans with Disabilities Act and the Family and Medical Leave Act don’t cover medical marijuana use directly. But several court cases in the past few years had questioned if medicinal marijuana use should be accommodated under state law.

Marijuana legalization laws in Arizona, Connecticut, Illinois, Minnesota, New York, Pennsylvania, and West Virginia have included employment protections for medical marijuana patients. These laws may require employers to accommodate marijuana use for medical reasons or impede discrimination against off-duty use.

Check out SHRM’s full article to learn more tips about staying compliant during this evolving trend.


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Carolyn Wonders

Carolyn Wonders

In a world of constant interruption, regular onslaught of emails and ever increasing bids for our attention, schools, cities, and counties are finding it harder than ever to connect with employees. That’s when we call in Carolyn Wonders. Carolyn heads up NIS’ Marketing Team, who creates and executes employee benefit communications for NIS’ growing list of clients.