The Effects Of Medical Marijuana On Employer Drug Policies

March 2017

By Justice J. Brooks I |

The legalization of marijuana, for either medical or recreational purposes, in 28 states and the District of Columbia has created issues for employers that wish to maintain a drug free work-force.  Though there is no protection against adverse employment action for employees that use legalized marijuana recreationally, employees that use medical marijuana may be afforded such protection.  While the interpretation and enforcement of state marijuana laws should be done on a state-by-state basis, there are emerging trends that employers across the country should be aware of when crafting, revising, and enforcing their employee drug policies.  This article does not address all the issues an employer may encounter in states that have legalized marijuana (i.e. workers’ compensation, drug testing, wrongful termination, unemployment, and off-duty activities) nor is it meant to be an exhaustive analysis of the issues discussed, but it does examine pertinent issues related to medical marijuana and employer drug policies and provide practical advice about how employers can take steps to keep their work-force drug free.

Note:  This is an excerpt from an article in the Spring/Summer 2017 issue of USLAW Magazine.  Click the link below to see the published article.  


For more information on this article or other medical marijuana issues please contact Justice J. Brooks I at 501-379.1723 or