States Diverge on Employment Law Protections for Medical Marijuana Users

States Diverge on Employment Law Protections for Medical Marijuana Users

Jul 31, 2017

Client Alert

Brownstein Client Alert, July 31, 2017

Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test positive in violation of their employer’s drug policies. Generally, those courts hold that, because marijuana use remains illegal under federal law, reliance upon state law permitting marijuana use does not protect the employee from adverse action.

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