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June 28 2018

The Americans with Disabilities Act and Medical Marijuana

While the majority of states have legalized some form of medical marijuana, federal law stands firm regarding marijuana as an illegal drug, even when it comes to the Americans with Disabilities Act (ADA). This federal law states that a qualified individual with a disability "shall not include any employee or applicant who is currently engaging in the illegal use of drugs".

The ADA does, however, include a provision that permits illegal drug substances "taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provision of Federal Law" to be covered by ADA protections.