Medical Marijuana, Employers, and Drug Policies

Although the use of medical marijuana now is permitted in most states, it still is banned under the Controlled Substance Act. In fact, the Ninth Circuit in James v. City of Costa Mesa (2012) found that the Americans With Disabilities Act (ADA) provides no protections for medical marijuana users. Because Ohio law provides several employer-friendly provisions, employers there will not likely be adversely impacted by the medical marijuana law. In summary, the law states that employers can continue to enforce their drug testing policies and disciple employees who use, distribute or possess medical marijuana, and are not required to accommodate an employee’s use of medical marijuana. Other states, like Connecticut and Massachusetts, are not so lucky.

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