February 05, 2018 Top Story

Harold and Kumar Don’t Get Fired: Every Employee May Get Stoned

States may prohibit termination of medical marijuana users despite federal law

By Adam E. Lyons

In a strict reading of the intersection of federal drug law and state law allowing use of medical marijuana, a federal court enforced the state law prohibiting employment discrimination against medical marijuana users. The decision found a cause of action for employment discrimination exists when an employer terminates an employee for state-sanctioned medical marijuana use.

Employers cannot discriminate against medical marijuana users

Employers cannot discriminate against medical marijuana users

iStockphoto by Getty Images

Language the court relied upon exists in at least nine states’ laws. The conclusion lies on the “leading edge” of where medical marijuana law is likely going, and section leaders recommend members to take notice, states Aaron Krauss, Philadelphia, PA, former cochair of the ABA Section of Litigation’s Health Law Litigation Committee.

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