Effects of medical marijuana in the workplace
Effects of medical marijuana in the workplace
By: Kristen McCarty
On the agenda
Legalization 101
A look at Michigan laws
Business & Medical Marijuana
Business Solutions
blogs.scientificamerican.com,2011
Legalization 101
States where there are current laws regarding medical marijuana (stanford.edu, 2012)
As of the 2012 election, 20 states (plus Washington DC) are medical marijuana legal
The newest to pass legislation are Illinois, New York, Ohio and Pennsylvania
There are currently no laws federally protecting medical marijuana patients; each law is made individually by the state
(Haygood, Hensley & Field, 2010)
(norml.org, 2012)
MMJ and Michigan
Michigan’s MMJ law passed in November 2008 and took effect a month later
Michigan is one of only 7 states that have implicit employee protections in place, “where the law mentions only on-the-job consumption or impairment as grounds for termination”
(mlive.com, 2012)
(michiganmedicalmarijuanacertification.com)
(Schwartz, 2010)
(norml.org, 2012)
Business & MMJ
Employers now have new issues to acknowledge, regarding whether state MMJ laws compete with other laws and policy.
Are businesses required to accommodate off-site, after-work MMJ use?
Does MMJ violate the safe working conditions employers are required to provide under the Occupational Safety and Health Administration (OSHA)?
(Schwartz, 2010)
Does random drug testing violate the Americans with Disabilities Act?
What can legally be asked during an interview?
(fresnobee.com)
Business & MMJ
New guidelines by the federal Department of Transportation “prohibit the use of medical marijuana for transportation workers in safety-sensitive jobs” (school bus drivers, pilots, etc.)
Companies with federal contracts are “required to prohibit the use of marijuana as a condition of participation under the Drug-Free Workplace Act of 1988”, which maintains that they must have drug testing policy in place
“In Ross v. Ragingwire Telecommunications, Inc., the California Supreme Court held that although the state had decriminalized the use of marijuana for medical purposes, ‘nothing in the text or history of the [law] suggests the voters intended the measure to address the respective rights and obligations of employers and employees.’”
(Schwartz, 2010)
(Haygood, Hensley & Field, 2010)
Business Solutions
As courts continue to rule, companies should pay attention to gain the guidance needed to protect both the business and employees
Human resources departments should be up-to-date on MMJ law information on both a state and federal level
(Schwartz, 2010)
(hightimes.com)
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