In the past decade, public opinion about cannabis, both for medical and recreational use, has changed drastically. In the tradition of using states as testing grounds for new ideas and policies, millions of voters in states across the US have voiced their opinion about the use of cannabis for medical purposes.

Despite these changes, employers in some states have a significant amount of discretion over whether a marijuana user, medical or otherwise, may be employed or not. This discretion, combined with the federal government’s unwavering prohibitionist attitude towards cannabis, has created a confusing situation for both employers and employees.

This course explores the various federal laws that address drug usage at the workplace and the limitations on testing employees for drug use.  We then discuss the rapidly changing state laws that give individuals the right to use marijuana for medical purposes. Included in this discussion is the distinction between states that protect an employee after testing positive for THC, and states that offer no such protections.

Finally, for states that offer employment protection for individuals that test positive for THC, we discuss how employers can compile evidence if they believe the employee has been using cannabis during working hours.