Medical Marijuana and the Workplace
Effective October 1, 2012, Connecticut will become the 17th state in the nation to permit the use of medical marijuana (P.A. No. 12-55) . The new law permits individuals to possess marijuana for palliative purposes to alleviate the symptoms of a debilitating medical condition. Those covered by the Act are also protected against discrimination in employment.
To be covered, a "qualifying patient" must be at least 18 years of age, a Connecticut resident, and diagnosed by a physician as having a "debilitating medical condition." "Primary caregivers" of a "qualifying patient" are also covered by the law.
Employers may not refuse to hire, fire, penalize or threaten an employee solely because such employee is a "qualifying patient" or "primary caregiver." The Act, however, does not require an employer to violate federal funding conditions, nor does it require health care coverage for the palliative use of marijuana More importantly, employers may prohibit the use of intoxicating substances during work hours, and can discipline employees for being under the influence of intoxicating substances during work hours, even if the employee has a prescription for palliative marijuana The law also prohibits the use of palliative marijuana in a motor bus, school bus, or in any other moving vehicle; on public or private school grounds, including universities; in any public place; or in the presence of a person under the age of 18.
Left unanswered is whether employees may bring palliative marijuana into the workplace, provided they do not "use" it during work hours. Also, since employers may not base employment decisions "solely" on the use of palliative marijuana, courts may be called on to determine how much of a factor, if any, marijuana use may play in employment decisions when other factors also influence the decision. Further, while the law suggests that a request to use medical marijuana during work hours would not be considered a "reasonable accommodation" under the ADA or CFEPA, this issue could eventually become a topic for litigation. Employers should revise their policies and handbooks prior to October 1, 2012 to reflect the new law's provisions.
