Off-Duty Medical Marijuana Use Not Grounds to Rescind Hire

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.

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.