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Medical Marijuana in the Workplace
 
 

                                 

Even though state law recently decided medical marijuana is acceptable, you don't have to tolerate it in the workplace. Creating and following your Employer Drug Policy is key to having successful outcomes, and properly negotiating through the medical marijuana issue. Here are some hints to help you see through the haze:

  • Amendment 20 does not tolerate marijuana use in the workplace.
  • It does not require you to change your policy or make exceptions for those with medical marijuana cards.
  • Even if a medical marijuana card is issued, it is not a medical prescription, it is only a recommendation.
  • Medical marijuana cannot be ingested in plain view of the public. This includes in a vehicle and/or the parking lot.
  • Employers must be consistent when enforcing their drug and alcohol policy.
  • To adhere to ADA requirements, if employee divulges reason behind applying for medical marijuana card, the employer must then provide adequate assistance regarding the impairment. However, a drug screen can still be performed and a drug policy followed.
  • It is the employers' responsibility to have an interactive discussion about the disability causing need for marijuana use.
  • Clearly state in the drug screen policy why a Drug Screen would be administered. Provide notice to employees at time of hire, and update employees of any change to policy throughout time of employment.

Bottom Line: Employers MAY prohibit the use of marijuana or impairment resulting from marijuana use. They may enforce their drug policy and take disciplinary action for positive marijuana tests. Federal Law trumps a directly conflicting state law.
-Information provided by Mountain States Employers Council March 2010


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