CoatingsPro Magazine

JAN 2019

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34 JANUARY 2019 COATINGSPROMAG.COM under some state laws. Indeed, one of the key questions presented by medical marijuana laws is whether an employer must accommodate an employee's medical usage. Marijuana laws vary widely from state to state. Of states with medical or recreational marijuana use laws, some expressly allow employers to enforce their drug-free workplace policies. ese states include California, Colorado, Delaware, Florida, Illinois, Montana, Nevada, New Hampshire, and Washington. Some have anti-discrimi- nation provisions for lawful use outside the workplace. ose states include Arkansas, Arizona, Connecticut, Delaware, Illinois, Maine, Montana, New York, Nevada, Pennsylvania, and Rhode Island. e California Supreme Court found state law could not completely legalize medical marijuana because marijuana remains illegal under federal law. Moreover, because the California Fair Employment and Housing Act (FEHA) does not require employers to accommodate the use of illegal drugs, an employer is not in violation of the FEHA if it refuses to hire someone who tests positive for medical marijuana use. Indeed, an employer's right to "maintain a drug- and alcohol-free workplace" has even been codified in California Health and Safety Code section 11362.45(f ). Some legislators attempted to introduce a bill to change the law, but it is currently stalled (see https://ogletree.com/shared-con- tent/content/blog/2018/june/ californias-medical-marijuana-non- discrimination-bill-stalls-foreshad- ows-similar-legislation). In Florida, employers are expressly not required to accommodate marijuana use. e law itself states: (15) APPLIC ABILIT Y.—is section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. is section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. is section does not create a cause of action against an employer for wrongful discharge or discrimina- tion. Marijuana, as defined in this section, is not reimbursable under chapter 440. Fla. Stat. § 381.986. e most recent state medical marijuana law is in Oklahoma, which many consider to be one of the broadest (see https://ogletree.com/ shared-content/content/blog/2018/ august/oklahomas-new-medical-mari- juana-law-and-your-workplace). Under the new law, Oklahoma employers cannot discriminate in hiring, impose any term or condition of employment, or otherwise penalize an employee based on his or her status as a medical marijuana license holder or solely based on a positive test for marijuana or its components. Employers may lawfully take employment action against employees (including medical marijuana license holders) for the possession of and/or use of marijuana at the place of work; on or in work property, vehicles, or equipment; and/ or during work hours (i.e., off the employer's property but "during the Of states with medical or recreational marijuana use laws, some expressly allow employers to enforce their drug-free workplace policies. Re ad e r In qui r y at co ati n g sp ro m a g.co m /i n q0119

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