January 17, 2018 Top Story

Off-Duty Medical Marijuana Use Not Grounds to Rescind Hire

Beware when attempting to change an employment offer due to off-duty medical marijuana use

By Josephine Bahn

An employer may be liable for declining employment based on an individual's off-duty use of medical marijuana, one state's highest court has held.

A motorist injured in an accident sued for damages

A motorist injured in an accident sued for damages

iStockphoto by Getty Images

Employers may be liable for declining employment to off-duty use of medical marijuana

Employers may be liable for declining employment to off-duty use of medical marijuana

iStockphoto by Getty Images

Employers should bear in mind the framework established by this court when considering changes to or implementation of a blanket employee drug policy, cautions ABA Section of Litigation leaders. The decision underscores the need for employers to "review their drug use policy to see if they are able to accommodate an employee's medical marijuana use" says Tracey Salmon-Smith, member of the Section of Litigation Council.

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