Abstract
The status of marijuana as an illegal drug has greatly evolved in recent years. Many countries have decriminalized possession of marijuana for personal use. Others have not decriminalized it but simply “tolerate” it for private personal use. Four countries have passed laws legalizing medical marijuana and one other tolerates the use of marijuana for medical purposes without having legislated a specific right for such possession and use. To date, 17 of the United States and the District of Columbia have also passed laws regarding medical marijuana. However, state medical marijuana laws are at odds with the federal Controlled Substances Act, which prohibits possession of marijuana. This fact, in tandem with employer requirements under the Drug-Free Workplace Act, has created a dilemma for employers who have employees with medical conditions for which medical marijuana has been recommended. Given that 18 additional states currently have medical marijuana legislation pending, medical marijuana in the workplace is an issue which is not going to go away. As a result, it is time to examine the interface between federal and state laws as well as the public policy issues surrounding the lack of rights which medical marijuana patients have in their workplaces.
This is a preview of subscription content, log in via an institution to check access.
Similar content being viewed by others
References
Americans with Disabilities Act (ADA) of 1990. (1990). 42 U.S.C. §§12101 et seq.
Arizona Medical Marijuana Act. (2010). A.R.S. Sect. 36-2814 (A)–(B).
Casias v. Wal-Mart Stores, Inc. No. 10-CV-781 (W.D. Mich. Feb 11, 2011) 2011 U.S. Dist. LEXIS 15244, 1-2 (W.D., Mich. 2011).
Conant v. Walters. (2002). 309 F.3d 629 (9th Cir.).
Controlled Substances Act. (1970). Pub. L. 91-513, 84 Stat. 1236, enacted October 27, 1970, codified at 21 U.S.C. § 801 et. seq.
Department of Justice. (2009). Memorandum for Selected United States Attorneys. Retrieved 19 October, 2009 from http://blogs.usdoj.gov/blog/archives/192).
Department of Transportation. (2009). DOT Office of Drug and Alcohol Policy and Compliance Notice. Retrieved 22 October, 2009 from http://www.dot.gov/odapc/documents/medicalmarijuananotice.pdf.
Drug-Free Workplace Act of 1988. 41 U.S.C. § 701 et seq.; 34 C.F.R. Part 85, 34 C.F.R. §§ 85.605 and 85.610, 45 C.F.R. § 630.100 et seq. for National Science Foundation grantees; 48 C.F.R. § 52.223-6 for contracts, and 48 C.F.R. § 23.504 and 48 CFR 252.223-7004.
Emerald Steel Fabricators, Inc. v. Bureau of Labor & Indus. (2010). 348 Or 159.
Gonzales v. Raich. (2005). 125 S.Ct. 2195.
James v. Costa Mesa. (2012), No. 10-55768 (9th Cir).
Johnson v. Columbia Falls Aluminum Co. LLC. (2009). 2009 MT 108 N, 2009 Mont. LEXIS 120.
Michigan Medical Marijuana Act. (2008). MCLA 333.26421-333.26430.
New Jersey Compassionate Use Medical Marijuana Act. (2010). N.J. Stat. Sect. 24:6I-1 et seq.
Occupational Safety and Health Act of 1970, 29 U.S.C.A. § 651 et seq.
Roe v. TeleTech Customer Care Mgmt. LLC. (2009). 152 Wn. App. 388, 216 P.3d 1055.
Ross v. Raging Wire Telecomm., Inc. (CA). (2008). 42 Cal. 4th 920.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Mello, J.A. Employment and Public Policy Issues Surrounding Medical Marijuana in the Workplace. J Bus Ethics 117, 659–666 (2013). https://doi.org/10.1007/s10551-012-1551-8
Received:
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10551-012-1551-8