Medical Marijuana in the Workplace
Angela Henkemeyer
BADM 460
Project 3
Medical Marijuana in the Workplace
The legalization of marijuana use for medical use has challenged HR departments across the United States. Disabilities in the workplace can be a confusing process for employers. Although employers can continue to enforce zero-tolerance drug policies in the workplace, they must exercise caution in distributing those policies.
Courts in some of the states are providing some guidance, but many employers are struggling with questions about whether or not to modify their policies, such as drug testing. Legal issues, including federal preemption of state laws, whether medical marijuana patients must be accommodated under state anti-discrimination acts, and whether a patient has a legal off-duty right to use medical marijuana, remain unresolved in many areas.
The Rise of Medical Marijuana Use
D.C. and sixteen states – Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington – have legalized medical marijuana in the past years.
Despite these states' measures, marijuana remains a Schedule 1 controlled substance under the federal Controlled Substances Act. It is still illegal on a federal level, even for medicinal use, and is considered by the FDA to have no proven medical benefits.
Over time there will be new set laws and regulations regarding marijuana use in the workplace for medicinal purpose. All companies need to keep themselves updated on the new laws and follow through regarding any laws that are set in place.
What can employers do?
Review any of the company’s drug-related policies. Help to ensure that HR can clearly explain to employees what is expected of them.
Be consistent. Apply the policy evenly to everyone. Remind workers that they are subject to being fired. Regardless of state law, employers need to stick to the consequences or disciplinary procedures they choose if employees violate a company law.