Medical Marijuana - The Employer Drug Testing Dilemma - Part One
States Are Weighing In On Medicinal Marijuana Use
The legal and acceptable use of medical marijuana has become highly publicized over the past several months as state discussions continue on this controversial topic. Over a dozen states have enacted state laws that outline the process for retrieving a medical marijuana certificate, along with addressing limits of possession and cultivation within each respective state. This is a hot topic for politicians as we approach the November elections this year. California could actually be the first state to legalize marijuana use, if California AB2254 or Proposition 19 passes on the November 2nd vote.
Fourteen (14) states and the District of Columbia have legalized the acceptable use of medical marijuana certificates to date: Alaska; California; Colorado; District of Columbia; Hawaii; Maine; Michigan; Montana; Nevada; New Jersey; New Mexico; Oregon; Rhode Island; Vermont; and Washington.
A few states have passed laws that are more favorable to medical marijuana; however, they did not legalize its use: Arizona; and Maryland.
Each state has its own take on acceptable use; it is the responsibility of the employer to understand all the guidelines within your state, and how it will affect your company. A good resource for current information on medical marijuana is ProCon.org. This non-profit public charity provides a non-biased take on controversial issues with no government ties, and provides additional details on each state, including regulations and laws on the topic.
The issue of medical marijuana certificates and how they relate to employer drug testing programs will continue to be a controversial one, as employers try to better understand their position and develop policy around these changing state laws.
All information contained herein is provided by Employment Background Investigations, Inc. (EBI), PO Box 629, Owings Mills, MD 21117, and is solely for the convenience of its readers. EBI is not providing legal advice or counsel and nothing provided within should be deemed as legal guidance or advice. Readers should consult with their own legal counsel to determine their legal responsibilities or if they have questions on any information provided by EBI.