Just 25 years ago, virtually every company in America enjoyed freedom from virtually any duty to accommodate workers who used cannabis. At the time, California was still a handful of years away from being the first state to legalize medicinal marijuana and the thought of legalized cannabis for recreation seemed a laughable pipe dream.
The tides have rapidly turned, with 33 states permitting some degree of access to medicinal marijuana, soon-to-be-11 states allowing recreational sales and use and still others on the fence. The drug does, however, remain a Schedule I narcotic per Title 21 of U.S. Code, the U.S. Controlled Substances Act.
As it pertains to rights and duties of employees and employers, those working in the federal government must be especially careful – particularly if they are in the military and/or require security clearance to do their jobs. Even something as benign as investing in marijuana stock has been used as an excuse to revoke security clearance.
But federal employees aren’t the only ones whose jobs may be on the line if they test positive for marijuana – even if they have a recommendation from a medical doctor. Continue reading