We don’t want marijuana use in our workplace, but our state has legalized medical marijuana. Can we still ban it for all?
Quick Answer
The Americans with Disabilities Act (ADA) excludes current illegal drug users, and marijuana is an illegal drug under federal law. Nonetheless, some experts believe that a categorical rule against marijuana use at work may lead to a claim under the ADA. In addition, although many states have authorized the recreational use of marijuana, they do not specifically require employers to allow marijuana use at work.
Legal Perspective
Haynesworth Sinkler Boyd
Greenville, South Carolina
If you ban all marijuana use, you risk running afoul of the Americans with Disabilities Act (ADA), says employment law attorney Christine Gantt-Sorenson, who also writes for Haynsworth Sinkler Boyd, PA’s blog.
As long as employees who use medical marijuana can safely complete the essential functions of their jobs, there’s nothing you can legally do to prohibit it. Approach your marijuana policy the same way you would for other prescription drugs, with a focus on safety. It’s important to make sure you include information about ADA accommodations in your marijuana policy as well.
HR Insight
Town of Geddes
Syracuse, New York
No state law requires employers to either tolerate marijuana use at the workplace or employees who work under the influence of marijuana, according to Manager Jennifer Kolakowski.
Zero-tolerance drug policies can be maintained if employers are mandated to perform drug testing by federal statutes or regulations or employees are employed in safety-sensitive positions.
CertiK
New York, New York
HR Leader Erin ImHof says: This depends on the state, any federal contracts the organization may have, and other factors, such as safety, patient safety, etc.
If it negatively impacts the job and the business can prove it, it should be able to be banned. For example, when I worked in manufacturing and healthcare, it was banned for all employees. The company should evaluate its drug-free workplace policy to ensure it complies with applicable laws.
Obey Clothing
Irvine, California
Treat marijuana as you would alcohol, says Julie Palumbo, Director of HR.
An employee can’t drink on the job or show up under the influence. Marijuana is treated the same way. This would apply to all employees no matter what position they hold. Strong policies prohibiting the use of drugs and alcohol while at work should be instituted.
Key Takeaways
- Some state laws allow recreational marijuana use but do not require employers to permit marijuana use at work.
- A categorical ban on marijuana use at work may lead to a claim under the ADA.
- Employers need not permit marijuana use if the use would cause the employee to pose a direct threat to workplace safety.
- Employers need not permit marijuana use that would render an employee unable to perform essential job functions.
- Employers may choose to engage in an interactive process to determine whether an appropriate accommodation involving the use of marijuana is possible.
INSIDER CONTENT
Q&As