Employers look to update policies for medical marijuana card holders
Cal Rose, an attorney with the Wright Lindsey Jennings law firm in Arkansas, said that employers should be looking to update their policies to account for Medical Marijuana patients.
According to the 2016 law, both employers and ID card holders have certain rights.
For examples, employers can prevent a patient from working in a "safety-sensitive position." Which would include jobs that require a person to carry a firearm, work with heavy machinery, flammable materials, and/or someone who deals with confidential information.
Rose said that employers should start to define what jobs would qualify as "safety-sensitive."
While employers can't discriminate against an individual who is a "qualifying ID holder" or "caregiver," they can decide whether or not to allow marijuana to be used on work premises.
Employers are not required to accommodate the ingestion of marijuana in the workplace or an employee working while under the influence of marijuana, Jackson said.
But the law does state that a person can't be disciplined for the use of medical marijuana, if they possess less than 2.5 ounces. In addition to other factors, an employer also can't discipline a qualifying person for possessing marijuana paraphernalia.
“The law did make ID card holders a protected class," Rose said. But an employer can still take action against a patient if any policies or work-related rules were broken.
The best advice, Rose said, is for employers to become familiar with the law. And to consult with their attorneys and human resource managers. "There are different landmines that exist within these laws that could trip up an employer. And the policies are different depending on the type of business."
However, as a protected class, medical marijuana card holders can file a claim with the EEOC, if that person feels that he or she were fired because of their status as a medical marijuana patient.