Magazine article HRMagazine

Do Marijuana Laws Leave Drug Policies Up in Smoke?

Magazine article HRMagazine

Do Marijuana Laws Leave Drug Policies Up in Smoke?

Article excerpt

Although 20 states and the District of Columbia have decriminalized possession of marijuana for medical use-and Washington and Colorado now allow marijuana to be used recreationally-federal law still classifies marijuana as a Schedule I drug with no legal use. Moreover, the federal Americans with Disabilities Act does not require employers to allow marijuana use as a reasonable accommodation for someone with a disability, even if that person is a registered medical marijuana patient. Needless to say, this confusing and sometimes contradictory legal landscape is leaving employers a bit dazed and confused.

"This uncertain regulatory scheme places employers in the delicate position of attempting to comply with divergent laws while maintaining order and safety in the workplace," according to Timothy P. Van Dyck and Nathanael Nichols, attorneys at Edwards Wildman Palmer LLP in Boston.

Although state laws vary, no state requires employers to permit drug use in the workplace or tolerate employees who report to work under the influence, according to Ingrid Fredeen, J. …

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