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State Regulations and Requirements

Case law for waiving positive THC test in medical marijuana patient employees out of state

State Regulations and Requirements

Hi, 'm gearing up for an HR position in the cannabis industry, I'm trying to familiarise myself with the assorted employment laws. I've learned a lot about when and where medical marijuana patients can get around THC positive testing by employers, but there is one situation where I have not found any clarity yet; employers hiring people remotely in states where they have valid medical marijuana prescriptions.

If anybody can point me towards some ACTUAL case law / rulings on such a thing that would be great.

Mind you we are NOT talking about recreational use or use by an in-state or on-site employee.

Example:

If my company is based in Georgia (MM not legal) and we have a remote position open to a candidate in Florida (MM legal), can my company legally disqualify or later fire this person for a THC positive test if they can prove there is a valid prescription for it?

Many kind people have lent me their arguments and professional deductions, which I appreciate, but I am looking for concrete examples of a prior court ruling for this type of thing. Any help would be awesome! Thank you.

Thanks all,

Dusty

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Hello Dustin! This is a great topic. I don't have any insights but I will share it with the Vangst team too see if anyone has any insights.

Thanks! That would be great.

Hey Dustin,

I know this is just more for the discussion, but concrete casework with this exact situation is something that I have been unable to locate. What I can say is that unless it is a federal job or a company with a federal contract, there won't be a mandatory restriction on use. Everything else falls under the employer's State's employment laws and how they allow businesses to operate within those laws. Businesses that operate with liability insurance that won't cover a workplace accident if someone is under the influence of Cannabis will likely be forced to test in order maintain their coverage, but that doesn't really apply to remote office work. I would highly recommend that any offer of employment and employee handbook that a new workers signs off on be highly scrutinized so that they understand the businesses rules and restrictions. At will states like CO and KY can fire an employee for almost any reason or no reason at all as long as it isn't an EEO or ADA violation. As far as I know, the ADA doesn't have Cannabis as a protected method of treatment. The most relevant cases you might be able to find for the particular example you provided would be to look at any instance that an employee was released by their company in Georgia for failing a drug test.

I hope this helps a little and I'd be very interested to learn more if a case that met your criteria was provided for the forum to check out.

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