What states protect medical marijuana?

[2] As of the date of this publication, thirty jurisdictions have effectively legalized medical marijuana use: Alaska, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey …

Can you get fired for having a medical card in New Mexico?

In New Mexico, employees with medical cannabis cards have been fired because they tested positive for marijuana at work. “There are no protections right now in New Mexico for workers who use medical marijuana legally,” Albuquerque attorney Jason Bowles said.

Is it legal to use medical marijuana in the workplace?

Medical marijuana: Employers are not required to accommodate on-site use of medical marijuana at the workplace. However, an employee who uses medical marijuana to treat a disability is entitled to reasonable accommodation under the state disability discrimination law.

Can a employer discipline an employee for medical marijuana?

In other words, employers do not have to permit their employees to use medical marijuana while at work. Employers can discipline employees for being under the influence of medical marijuana in the workplace – in certain circumstances.

Can you sue an employer for medical marijuana?

Delaware and New Jersey courts have held that medical marijuana users can proceed with lawsuits against employers after terminations that are based on positive drug tests. Various civil rights and antidiscrimination state laws can come into play in such cases.

How will evolving marijuana laws impact the workplace in 2021?

“In 2021, it will be really important for employers to keep their eye on the case law,” Passarelli said, particularly as courts continue to interpret employee protections under medical marijuana statutes. Visit SHRM’s resource page on marijuana and the workplace .

Is it legal for an employer to allow medical marijuana?

Depending on which state an employer operates in, it is important to recognize there are some situations where an employer might provide accommodation for medical marijuana use. But let us be clear that for employers regulated by the Department of Transportation (DOT), marijuana is firmly prohibited.

How does medical marijuana affect employers in PA?

Although it will take time for the administrative framework set out in the MMA to take shape, it is not too early for employers to start thinking about how the legalization of medical marijuana in Pennsylvania may impact the workplace. This article discusses some of the likely effects of the MMA.

How much marijuana can you have on the job?

People with certain medical conditions can legally possess up to two-and-one-half ounces of usable marijuana if the person has a registered medical marijuana card. Job candidates and employees who use medical marijuana also have job protection under some circumstances.

Can a company take adverse action against an employee for medical marijuana?

Employers may take adverse action against employee based on a good faith belief that the employee used, possessed, or was impaired by medical marijuana on company property or during work hours. A positive drug test alone is not sufficient grounds for a good faith belief.