Most states across the country have legalized marijuana in some form, whether for recreational or medicinal purposes. With the changing landscape, however, comes uncertainty for employers who should take the time to understand the emerging trend of prohibiting discrimination against employees who require the use of marijuana to alleviate symptoms due to a disability or medical condition. A New Jersey court recently held that an employee could bring a claim for disability discrimination and failure to accommodate, but California law does not require employers to provide an accommodation due to the use of medical marijuana, as was evident in the decision in Ross v. Ragingwire. The California Supreme Court reasoned that because the purpose of the law allowing medical marijuana was to provide immunity from criminal prosecution for medical marijuana cardholders, it has no effect on employers’ obligations under California’s separate scheme of employment laws.
