ignoring the needs of medical marijuana patients will require reform at both the state and federal level.
I. Accommodating Medical Marijuana Patients
Medical marijuana laws that are silent on the employer’s duty to accommodate are generally interpreted as placing no legal duty on the employer to accommodate. A few states including New York, Arizona, Minnesota and Illinois have enacted statutes that specifically require an employer to provide medical marijuana accommodations. Under these accommodation laws, an employer may be liable under state human rights laws when they fail to accommodate medical marijuana patients in the workplace. Although this appears to provide medical marijuana patients a non-American Disabilities Act avenue for relief, in practice these provisions unsuccessfully assert protections in the workplace.
An employer may accommodate an employee by modifying his or her work schedule and giving medicinal breaks. However, the Act in Illinois does not require an employer to accommodate a medical marijuana user in the workplace nor prevents the discharge of employers who use medical marijuana. Illinois is not the only state to limit protections for medical marijuana users. In 2011, the Washington Supreme Court opined that employers “should feel free to consistently apply zero-tolerance policies” and …show more content…
Employers may be concerned about the safety of the user and surrounding persons in the workplace. The duty of accommodation and concern for safety raises the question of when a medical marijuana user should be protected against discharge or discipline based on his or her marijuana use. Employers need guidance on how to determine whether or not a medical marijuana user is intoxicated or under the influence in the
I. Accommodating Medical Marijuana Patients
Medical marijuana laws that are silent on the employer’s duty to accommodate are generally interpreted as placing no legal duty on the employer to accommodate. A few states including New York, Arizona, Minnesota and Illinois have enacted statutes that specifically require an employer to provide medical marijuana accommodations. Under these accommodation laws, an employer may be liable under state human rights laws when they fail to accommodate medical marijuana patients in the workplace. Although this appears to provide medical marijuana patients a non-American Disabilities Act avenue for relief, in practice these provisions unsuccessfully assert protections in the workplace.
An employer may accommodate an employee by modifying his or her work schedule and giving medicinal breaks. However, the Act in Illinois does not require an employer to accommodate a medical marijuana user in the workplace nor prevents the discharge of employers who use medical marijuana. Illinois is not the only state to limit protections for medical marijuana users. In 2011, the Washington Supreme Court opined that employers “should feel free to consistently apply zero-tolerance policies” and …show more content…
Employers may be concerned about the safety of the user and surrounding persons in the workplace. The duty of accommodation and concern for safety raises the question of when a medical marijuana user should be protected against discharge or discipline based on his or her marijuana use. Employers need guidance on how to determine whether or not a medical marijuana user is intoxicated or under the influence in the