Source: Lindsey A. White, Shelby Skeabeck, and Jeremy Himmelstein, Labor Law Journal, Vol. 68, Issue No. 4, Winter 2017
The interplay between federal law–which bans marijuana for any purpose–and state law, which increasingly permits marijuana to be used for medicinal purposes, is presenting a challenging legal landscape for employers. Following a handful of recent court decisions, the general advice that employers could flatly prohibit marijuana use and did not have to provide accommodations has gone up in smoke.