Medical Marijuana is Still a Hazy Issue in Some States
As more and more states are legalizing the use of medical marijuana, one of the main questions and concerns for Employers are how new state laws are going to impact the legalities behind terminations due to a positive drug test? The use of marijuana for medicinal purposes is not protected under the ADA since the ADA is a federal law. The Food and Drug Administration (FDA) still recognizes marijuana as a Schedule 1 Drug, therefore does not recognize the use of medical marijuana for legal use. Even if the “drug” is endorsed by a physician an employee is a legitimate card holder, and medical marijuana is permitted under state law, the “drug” is still considered illegal under federal law. With this being said, in the states where medical marijuana is currently legal, employees are not protected from termination by the ADA.