Following the enactment of two new state laws, half of the states in the U.S. (plus the District of Columbia) now have laws legalizing marijuana use for medical purposes. In the past two years, Pennsylvania and Ohio have passed laws that allow the use of marijuana to alleviate the effects of various medical conditions, bringing the total number of states with such laws to 25.
These so-called “compassionate use” laws can create potential conflicts with employers’ drug-free workplace policies. While many of these state laws specifically address employer concerns, including some that explicitly disavow any kind of workplace accommodation requirements, others contain less protective language, or none at all. So far, however, the courts generally have continued to side with employers when legal challenges have arisen regarding conflicts between an individual’s medical marijuana use and an employer’s drug-free workplace policy.
Given the number of states that now have compassionate use laws, NT Lakis attorneys and non-attorney professionals have prepared a guide to the 25 current state compassionate use laws and their key provisions.
Members of the Equal Employment Advisory Council (EEAC) can read more here.