Medical Marijuana in Missouri: New Law Brings New Questions for Employers

Voters in Missouri approved Amendment 2, which adds an article to the Missouri Constitution legalizing medical use of marijuana for qualifying patients and allowing people who qualify to grow their own plants. This makes the state one of 33 in the country that has legalized marijuana in some way. The new Missouri law allows patients who have approval from their physician to receive identification cards from the Department of Health and Senior Services, which allow individuals to grow up to six marijuana plants and purchase at least four ounces of cannabis from dispensaries on a monthly basis. Employees are prohibited from filing claims against Missouri businesses for wrongful discharge, discrimination, or similar causes of action based on the employer prohibiting the employee form being under the influence of marijuana while at work or disciplining the employee for working or attempting to work while under the influence of marijuana. As such, employers still are permitted to drug test applicants and employees.

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