Currently, there are no protections for employees that are fired or discriminated against because of their use of medical marijuana under federal or state laws. However, you may be able to pursue a claim for discrimination based on the disability for which you were prescribed medical marijuana. The Americans with Disabilities Act (ADA) requires employers to make “reasonable accommodations” for disabled employees that would allow them to perform their job duties. For those with disabilities that require treatment with medical marijuana, a “reasonable accommodation” may include an exception to the employer’s anti-drug policy. This is a developing and novel legal theory that our firm is pursuing.
Qualifying conditions for which medical marijuana may be prescribed include:
• Cancer • Epilepsy • Glaucoma • HIV/AIDS • Post-traumatic stress disorder (PTSD) • Amyotrophic lateral sclerosis (ALS) • Crohn’s disease • Parkinson’s disease • Multiple sclerosis (MS) • Medical conditions of the same kind or class as or comparable to the others listed. • A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification. • Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition.
If you have been wrongfully terminated over your use of medical marijuana, contact us today for a free consultation at 813-929-4231.