With a majority of states in the country enacting medical marijuana laws, cannabis in the workplace has become a hot button issue for business owners seeking to fashion appropriate workplace regulations for lawful cannabis users. These issues become particularly tricky for employers to navigate because cannabis remains illegal under federal law, and each state has different laws addressing the treatment of medical marijuana users in the workplace.

Recently, states with medical marijuana programs have trended towards providing protection under disability laws to employees who are registered as patients in that state’s medical marijuana program. Naturally, there exists a substantial correlation between medical marijuana users and an entitlement to disability accommodations under applicable law. Employers with Draconian cannabis and drug testing policies may face significant litigation risk from employees who suffer an adverse employment action attendant to their protected status as a medical marijuana user.

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