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Connecticut: Federal Law Does Not Preempt Medical Marijuana Protections for Employees under State Law

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August 8, 2017

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In Noffsinger v. SSC Niantic Operating Company LLC, a Connecticut federal district court stated that federal law concerning unlawful marijuana use does not necessarily preempt state-level protections for marijuana users.  In this case, Connecticut’s Palliative Use of Marijuana Act (“PUMA”) was found to preempt a handful of federal statutes when applied to the employment context.  This decision could have a major impact on employers who currently implement a zero-tolerance substance abuse policy in the workplace.

Florida: Medical Marijuana Now Legalized

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June 23, 2017

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Last November, Florida voters approved an initiative to legalize the use of medical marijuana.  On June 23, 2017, Governor Rick Scott signed SB 8-A into law.

As of June 23, 2017, medical marijuana use has been legalized in Florida to treat specific qualifying conditions, such as cancer, epilepsy, glaucoma, or PTSD, among others.  The bill contains additional provisions directing how medical marijuana may be used and obtained; for example, smoking of medical marijuana is prohibited, whereas consumption of marijuana, vaping, or use of oils, sprays, or tinctures is permitted.

Importantly, the bill also includes employer-friendly provisions that allow businesses to still enforce a drug-free workplace, such as:

  • Employers may establish, or continue to enforce, a drug-free workplace program or policy;
  • Employers are not required to permit use of medical marijuana at the place of employment;
  • Employers are not required to accommodate the use of medical marijuana in the workplace, or to accommodate any employee working under the influence of marijuana;
  • Medical marijuana is not reimbursable under the Florida Workers’ Compensation law; and
  • SB 8-A does not create any cause of action against employers for wrongful discharge or discrimination related to use of medical marijuana.

Employers with and without policies addressing substance abuse may are recommended to specifically address the organization’s position on medical marijuana use.

Action Items

  1. Read the text of SB 8-A here.
  2. Have handbooks and policy documents reviewed regarding substance abuse to address medical marijuana use.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.

Massachusetts: Employers Must Follow Disability Accommodation Rules for Employees Using Medical Marijuana

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July 17, 2017

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The Massachusetts Supreme Judicial Court recently ruled that an employee may pursue a disability discrimination claim under state law against an employer for failure to accommodate the employee’s use of medical marijuana.  In Baruto v. Advantage Sales and Marking, LLC, the plaintiff was told after accepting an offer of employment that she needed to complete a successful drug test.  She informed her employer that she would fail the test due to medical marijuana use for Crohn’s disease. However, she agreed that she would not use marijuana before or during work. The plaintiff failed the drug test as predicted, and ultimately was terminated as a result based on federal law’s treatment of marijuana.

Rhode Island: Employers Cannot Refuse to Hire Employees Because of Medical Marijuana Use

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All Employers with RI Employees

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May 23, 2017

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The Rhode Island Superior Court recently stated that employers cannot refuse to hire a prospective employee on the basis that the employee might fail a pre-employment drug screen due to medical marijuana use. This decision arose from Callaghan v. Darlington Fabrics Corporation and The Moore Company, in which the plaintiff complained that she was discriminated against for her lawful use of medical marijuana.