If You Are an Employer in the State with Legalized

If You Are an Employer in the State with Legalized Medical Drug Use, Do You Fire Your Employee for Drug Use Not?

Medical marijuana laws, as much as they help people who suffer from terrible migraine headaches in dealing with life, are making life somewhat difficult for employers. Medical marijuana is legal in 14 states. If it's legal, are employers supposed to alter their rules about drug testing for their employees? What about drug use on the job? What used to be a pretty black and white concept is kind of a tricky issue now. Some companies just steamroll over the new legalization of marijuana and fire their employees anyway if they are caught in a drug test (for having banned substances in their system). They get fired even if they do have a legally mandated medical marijuana card. This opens the companies up to legal action.

Call it a case of having a legal system that isn't entirely caught up with itself. While medical marijuana laws allow you to legally use marijuana, laws that allow companies to fire employees for using marijuana exist alongside of the new law. The law is just internally contradictory. Both laws are valid and no one really knows which one has priority. Rhode Island is the only state in the entire country where there is a specific law that prohibits employers from firing workers for medical drug use.

There is the other matter to do with how while medical marijuana is legal on the state level, it is still quite illegal on the federal level. The federal government does recognize how this is kind of a contradiction and stays his hand from actually pursuing anyone even if it is legally allowed to do so. So, where does medical drug use leave employers? What are you supposed to do? The California Supreme Court recently upheld the way a company fired a computer systems engineer for a using medical marijuana for a backache. The same happened in Montana. Michigan specifically protects employees from being fired for the use of medical marijuana; but the law also says that no employer shall be allowed to tolerate the use of marijuana.

So should an employer play it safe and fire an employee who tests positive for marijuana use? Not so fast. The Americans with Disabilities Act rules that an employee who is fired for using marijuana for his health could actually sue for discrimination. The employer loses either way. The employee loses either way too. And if it's an employee who needs to operate heavy machinery or something, the law has no idea what to do there. Basically, you need to talk to your lawyer.

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