Wednesday, October 10, 2018

Up In Smoke

In many states medical and recreational use of marijuana is legal so what happens when a company does drug testing and the test for marijuana comes back positive?

I follow many blogs and one of them is an employment blog and this week they answered that question.
Medical Marijuana Protections Tested For First Time
Employment Law Letter
By Christopher Engler on September 28, 2018

For the first time, a court in Connecticut has found an employer liable for discriminating against a medical marijuana user. The decision by a federal judge in Noffsinger v. SSC Niantic Operating Company, LLC helps to clear the haze surrounding Connecticut’s Palliative Use of Marijuana Act (“PUMA”). As a refresher, PUMA prohibits employers from refusing employment to or discharging an individual based on that individual’s status as a qualifying patient of medical marijuana.
Because this was a federal judge interpreting state law, the decision is not binding on Connecticut state courts. Nevertheless, employers should take care when facing this situation, and should consider consulting counsel before revoking a job candidate’s offer based on a positive drug screen.
And for you legal beagles, here is a link to the case.

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