The decisions regarding an employer’s “reasonable accommodation” of medical marijuana users in safety sensitive positions in a Canadian case has led to questions for United States employers who face various state laws, and federal and state occupational safety and health regulations regarding both medicinal and recreational use of the drug. For instance, Arizona law states that “unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term of condition of employment or otherwise penalize a person based upon” a positive drug test for a registered qualifying patient unless the individual was in possession of the drug or was impaired. The state of Oklahoma has taken measures to add regulatory clarity in its medical marijuana industry, further defining employee and employer rights regarding use of the drug for qualifying medicinal purposes.
