Reefer madness: employees may use medical marijuana yet be fired for doing so

By Katharine Liao

Despite 20 states allowing the use of medicinal marijuana and two more — Colorado and Washington — allowing recreational marijuana use, employers remain unaffected. Courts consistently find that employers may terminate employees who test positive for marijuana, regardless of whether such employees are using marijuana to treat a disability; whether they were not under the influence on company time; or whether they used or possessed marijuana on company premises.

In fact, state courts in Colorado, Michigan, Washington, Oregon, Montana and California as well as the sixth and ninth circuits agree on two key points that allow employers the option of continuing zero-tolerance approaches to drugs. Specifically, those cases endorse two key propositions. First, employees may be disciplined or terminated for marijuana use, despite state statutes prohibiting discipline for engaging in lawful activity outside of work. Second, employers need not accommodate medical marijuana use as a disability-related condition…

If you are registered and logged in to the site, click on the link below to read the DLA Piper briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

3 Noble Street
London
EC2V 7EE
UK
http://www.dlapiper.com

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 625 (International 50)

Jobs