Like many other states, Arizona has permitted the legal use of medical marijuana for individuals verified to have specific chronic conditions. While this prescribed drug may help with areas of pain relief, US Compliance Consortium—a forensic testing facility in Phoenix—notes that legalized medical marijuana does create some interesting challenges for employers who use drug testing.

According to this corporate drug testing facility, employers, courts, and professionals are all navigating a vague area of the law when it comes to medical marijuana use. Specifically: How does medical marijuana use impact an employee’s rights under FMLA and ADA?

Drug Testing for Medical Marijuana and FMLA

The Family Medical Leave Act, or FMLA, is a complex set of regulations designed to protect employee’s rights when they are unable to work due to a medical complication or if they’re receiving treatment. Generally, if the medical marijuana use occurs during the FMLA period, the subject is protected from drug testing.

However, employers who establish a zero tolerance policy for drug use could likely test for the presence of marijuana and terminate the employee. While this action is possible, it may not always be advisable. For example, an employee could file a lawsuit in which the court must decide if the employer used drug testing as a way to retaliate for use of FMLA rights. If the court rules in the favor of the employee, the company may have to pay fees and rehire the individual.

Drug Testing for Medical Marijuana and ADA

When it comes to the American Disabilities Act or ADA, it’s important to note that individuals using illegal drugs cannot be classified as having a disability. Additionally, the ADA does not bar companies from corporate drug testing, as it is not classified as a medical test. However, many employers have questions on whether or not they have to accommodate an employee’s legal medical marijuana use.

While the ADA contains unclear language regarding the use of prescribed drugs that fall under the Controlled Substances Act, this does not necessarily refer to marijuana use. As such, employers haven’t typically been expected to accommodate medical marijuana use. This is especially true if a zero tolerance policy is in effect, as all employers are still required to abide by these rules under the ADA.    

Whether or not an employee can be tested and terminated for medical marijuana use is still a gray area and will depend on the specifics of the situation. For this reason, employers who are concerned about this issue are encouraged to maintain clear policies on drug use and consult with attorneys in any matter of action. Keep in mind that as the number of medical marijuana patients increases, laws are likely to become much clearer in the coming years.

For any matter concerning employee drug use, US Compliance Consortium is a leading provider of efficient drug testing and alcohol testing. Learn more about these services online or call a representative at (602) 765-2200.