Medical Marijuana: How Will It Affect Small Businesses in Your State?

Medical MarijuanaWill I Have to Put Up with People Smoking Pot in My Business?

Medical marijuana* legislation is going to make its impact on small businesses. Many herald the liberalization of its use as a breakthrough, while others just wish it would all go away.

What Happens to My Drug-Free Workplace?

Companies, school campuses, and pubic buildings have taken pride in establishing “drug-free zones” where there is zero-tolerance for any drug product. The move began under the Drug-Free Workplace Act of 1988. In schools, students have faced suspension for having aspirin or cold pills on campus. Now, businesses are going to have to consider adjustments to their policies on marijuana.

Social Questions Become Confusing

  • Will random drug tests now be thought of as discrimination under the Disabilities Act?
  • What about interview questions regarding drug use? Would those be in violation, as well?
  • Will employers be able to restrict the use of medical marijuana off-site and after hours?
  • Many employers require a failing drug test to lead to termination or a treatment program. How will allowances be made under such regulations and who gets to decide?
  • Employers have OSHA responsibilities to maintain a safe work environment. Does that change with people high on marijuana?

At the very least, small business policies regarding drug testing are going need serious rewriting if management wishes to demonstrate empathy. For employees who are under medical supervision and prescribed marijuana for medicinal reasons, it wouldn’t be fair to maintain the same harsh, zero-tolerance positions. Still, the emotions are running very high on marijuana use. People would react differently if rules prohibited an employee from taking heart medication at work, for example.

A Moving Target – Just Like a Political Football

So far, the California Supreme Court has gone further to provide guidance than any group to date. The court has ruled:

  • Continuing drug testing within the state is legal.
  • Firing an employee for use of medical marijuana isn’t necessarily discrimination.
  • Employers are not obligated to accommodate its use.
  • The law protects patients from criminal prosecution but not from job loss.

Of the fifteen states that have approved the medical use of marijuana, nine have protections for patients written into the law itself, or legislation immediately following its implementation. They are Colorado, Hawaii, Maine, Michigan, Montana, New Jersey, New Mexico, Rhode Island and Vermont. Oddly, considering the number of rather liberal states in the list, California is not included.

Further, just because there are laws protecting jobs in those states does not mean everyone is protected. Wal-Mart fired an employee in Michigan for using medical marijuana to help control sinus cancer pain after the law was in effect. Undoubtedly, these cases will find their way to court, but for the former employee, it will be too late. The damage is already done. Lawyers will be billing hours on this subject for a very long time to come.

Arizona Companies Are In for a New Experience

Since Arizona’s law is newer, some issues are clearer, as Arizona has learned from others. For example, there is no question under the new law that an employer can still fire anyone for being “under the influence” (under “any influence”) at work, smoking marijuana on the job, or even bringing it to work. A small business in Arizona, taking a firm stand on any of these issues, is going to “bet its life” on the legal challenge as the changing political climate creates inroads into “older-thinking” policies.

Here’s the Bottom Line for the Decision

What are you going to do? Do you see the use of medicines as a private matter? If a physician prescribes oxycodone, morphine, antidepressants or marijuana to a cancer patient, is there a difference?

Recent experience shows there aren’t even any cut-and-dried laws if Michigan and California are examples. Whatever small businesses decide in the near future is probably going to be based on what actions will create the fewest waves when the boat is rocked.

Let CBR Help You Navigate these Issues

CBR is staffed with human resources professionals with many years’ experience. CBR has the ability to put heads together with yours on any of the human resources hot issues. We can help you seek solutions and implement plans. When you have any questions regarding administration, management, or human resources issues, don’t hesitate to call in the HR professionals at CBR. Call our toll free number at (888) 700-8512. We are always happy to help your business.

* Commonly, medical cannabis (the usual reference name) has been shown to be more effective at controlling nausea due to cancer chemotherapy than other anti-nausea products on the market. That has been the primary focus of research for more than 30 years. Chemotherapy patients also benefit from the appetite-stimulating effects (known in the drug culture as “the munchies”). It has also been recommended for chronic pain, but its pain-relieving abilities have been questioned.