Despite the legalization of medical marijuana in several states, the drug still remains a Schedule 1 illegal substance. Employees, however, are left wondering how the new laws affect rights under the Americans with Disabilities Act (ADA). For instance, New Jerseys Compassionate Use Medical Marijuana Act (CUMMA) does not permit the use of medical marijuana in the workplace, as stated by the federal District Court in a recent case. Even so, employers may want to consider initiating the interactive process to determine if a reasonable accommodation or alternative to its drug-free policy exists.
