Employment Litigation Counsel Holli Hartman published "Medical Marijuana in the Workplace" in the winter 2012 issue of Corporate Counsel Committee Newsletter, a publication of the ABA.
In her article, Hartman explains that for employers, especially those with workers nationwide, accommodating employees with medical marijuana licenses can be confusing as medical marijuana laws differ from state to state.
She points out that the courts’ rulings on medical marijuana in the workplace provide some guidance regarding employers' potential liability, writing "Almost all have sided with employers who have attempted to keep marijuana out of the workplace." She provides examples of failed employee’s attempts to rely upon the medical marijuana acts themselves, the ADA or state anti-discrimination statutes requiring an employer to accommodate a disability, or common law wrongful discharge causes of action.
She goes on to explain, however, that some states have written protections for medical marijuana users directly into their statutes and provides two exemplary provisions.
She concludes by advising employers and their advisors to say abreast of court and legislative developments in their respective states, though "for now, employers seem to have plenty of defenses for maintaining the status quo in their drug testing programs or drug-free workplace policies."