Under federal law, marijuana is illegal. Some states, however, have legalized medical marijuana; last month, New Jersey became the 14th state to do so. The general rule of thumb is that when state law bumps up against federal law, employers are required to follow the law that is most generous to employees. Richard L. Hurford of Ogletree Deakins (Bloomfield Hills, MI) addresses employers' rights and obligations in states with medical marijuana laws.
Situation #1: Your company has a zero-tolerance drug use policy. So when an applicant's pre-employment drug test comes back positive, you withdraw the conditional job offer. The applicant reveals they are a medical marijuana user.
What to do: Start by "verifying that there is a medical prescription for the use of marijuana," said Hurford. "Under state law in those states where the use of marijuana has been legalized, it has only been leg...(register to read more)