Employee Use of Marijuana: The Law is Hazy for Employers

The City of Atlanta passed an ordinance in the fall that decriminalized the possession of less than one ounce of marijuana. Individuals found with such small amounts will not be fined and face no jail time. Georgia enacted a law in 2017 that expanded the qualifying medical conditions for which cannabis oil may be used legally, which includes the possession of 20 ounces of oil with up to a five percent THC level with doctors approval. Twenty-eight states and Washington D.C. have enacted similar laws surrounding various use of marijuana and courts have begun to address whether an employees use of medical marijuana can be a reasonable accommodation under the Americans with Disabilities Act and similar state laws.

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