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Accommodating Medical Marijuana

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in Employment Law,Human Resources

Currently, 23 states have legalized the use of medical marijuana: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington. Whether employers in those states must accommodate legal medical marijuana use depends on how courts interpret state law.

For example, the California State Supreme Court ruled that employees do not break the law if they use marijuana for medical reasons; state law does not require employers to accommodate that use.

The U.S. Supreme Court ruled in Gonzales v. Raich, 125 S. Ct. 2195 (2005) that state medical marijuana laws don’t protect individuals who wish to grow marijuana for personal use. That activity still violates the Controlled Substances Act. The decision stopped short of invalidating any state laws. So resi...(register to read more)

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