In the November 2005 issue of the California Employer Advisor, we reported on a case that highlighted the tension between the requirements of California disability bias law, the state Compassionate Use Law, and the federal Controlled Substance Act, which criminalizes drug use and possession. The case involved an employee who was refused employment after he tested positive for marijuana use in a preemployment drug screen. The employee claimed he was using marijuana for a medicinal purpose, which is legal under the Controlled Substances Act, and that the employer was required to accommodate this use under the disability bias law. The employer argued that the drug use was illegal in light of the federal CSA, so it had no obligation to accommodate. A California appeals court sided with the employer.
But the California Supreme Court has now agreed to review the decision. The issue before the court will be whether an employer must accommodate a disabled employee’s request to use medical marijuana. We’ll keep you posted.
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Additional Resources:
“Medical Marijuana: Worker’s Firing for Failing Drug Test Due to Medical Marijuana Use Is Upheld; Impact of Decision,” in the November 2005 issue of the California Employer Advisor