06/28/2012
A recent court ruling in California confirms that the Americans with Disabilities Act does not protect the right of disabled employees to use medical marijuana, even if it’s prescribed by a doctor. Reason: The ADA specifically notes that a person with a legally protected “disability” does not include someone who is currently using illegal drugs.
06/20/2012
The 9th Circuit Court of Appeals has taken on medical marijuana and the ADA, concluding that individuals who use marijuana, even if doing so legally under state law, aren’t protected from discrimination under the ADA. That means disciplining employees for using medical marijuana won’t violate the ADA.