Dive Brief:
- Employers who have a zero tolerance policy for workplace marijuana use got another win recently, as a federal court in New Mexico recently decided that employers do not have to allow or accommodate employee or job applicant medical marijuana use, even if state law says it's okay to use the drug legally.
- In this instance, the U.S. District Court for the District of New Mexico dismissed a lawsuit against an employer who fired a newly hired employee who failed a drug test despite it being in a state where medical marijuana use is allowed.
- Courts in California, Colorado, Michigan, Oregon and Washington have ruled along the same lines, according to the article.
Dive Insight:
The debate over use of medical marijuana in the workplace has been raging, but the New Mexico case bolsters employer rights when it comes to deciding whether or not they want to allow workers to be high on the job, even if medically necessary, according to the SHRM article.
In the new Mexico case, the employee told the employer during his interview that he had HIV/AIDS and was part of the state's medical cannabis program. He also knew he had to be drug tested if he wanted the job and was fired shortly after testing positive for pot. He sued, saying the company fired him "based on his serious medical condition and his physicians’ recommendation to use medical marijuana."
The court followed other states that have decided for employers in these cases, finding that use of a drug illegal under federal law would require the court to permit conduct that is prohibited under the federal Controlled Substances Act (CSA). However, the court also noted that New Mexico’s medical marijuana law does not include affirmative requirements mandating that employers accommodate medical marijuana employees, as some states such as Connecticut and Delaware allow.
The article notes that 23 states and Washington, D.C., have now legalized medical marijuana - an obvious legal challenge for employers caught between state and federal laws.
