Marijuana and work were two words that were mutually exclusive for many years. Today, times are different. Maryland, D.C., and Virginia all have laws making medical marijuana legal (with D.C. law permitting residents to grow/possess recreational marijuana).

From a Human Resources perspective, medical marijuana can complicate anti-drug policies. The recent Arizona decision Whitmire v. Wal-Mart Stores, Inc. reflects the courts’ attempts to address the increase in marijuana legalization. The following are tips for HR professionals to consider when addressing suspected marijuana use in the workplace:

1. Addiction to drugs is oftentimes a disability under the Americans with Disabilities Act and therefore terminating someone with a known drug addiction may be illegal. Check your current policy to ensure that they reflect this sensitive issue/variance in the law.
2. Cross-reference the current medical marijuana law in your state to verify that it is reflected in your policies. Each state varies – and therefore, you should be aware of the parameters of the jurisdiction.
3. A positive drug screen should not automatically trigger termination. Whether or not the employee can perform the essential functions of the job, along with several other factors, should be examined.

I recommend looking at your internal policies today and discussing with an employment law attorney. As the marijuana landscape broadens, limiting liability will be directly tied to updating the applicable policies.

If you have any questions about this or any other Labor and Employment topics, please contact me at tstringham@offitkurman.com or 703-745-1849

ABOUT THEODORA STRINGHAM

tstringham@offitkurman.com | 703-745-1849

Theodora Stringham assists individuals, businesses, and organizations with growing successfully while minimizing liability. Focusing on real estate and personnel needs, Ms. Stringham executes sustainable plans for real estate development and employee matters. She provides comprehensive representation for everyday growth issues, including, but not limited to, re-zonings, site plan approvals, eminent domain/valuation concerns, employment discrimination, and disciplinary issues. Ms. Stringham’s scope of representation ranges from identifying potential liability and providing counseling/trainings, all the way through representation at trial.

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the mid-Atlantic region. With over 185 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our twelve offices serve individual and corporate clients along the I95 corridor in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City regions. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

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