Smoky Lines: Whether to Accommodate Employees’ Use of Medicinal Marijuana May Now Depend on State Law

Source: Lindsey A. White, Shelby Skeabeck, and Jeremy Himmelstein, Labor Law Journal, Vol. 68, Issue No. 4, Winter 2017
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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.