Budding Development: States Requiring Employers to Tolerate Medical Cannabis Use
Changes in cannabis laws are causing some employers to think twice before denying employment to individuals because they tested positive for the use of marijuana that they are ingesting for state-authorized medical reasons.
In Arizona, an employer may not discriminate because of a person's status as a cannabis cardholder, unless failure to do so would cause an employer to lose certain benefits under federal law.
Delaware law is similar, however an employer can prohibit the ingestion, possession, or impairment of marijuana in the workplace.
Employers in Maine cannot test applicants for cannabis unless they submit a request to the State of Maine that that request is approved. Employers there also cannot use a positive test for cannabis to prove that an employee is impaired by cannabis.
Other states with similar laws include Minnesota, New York and California.