The trend among court decisions over the past year has been favoring employees in medical marijuana cases. However, the 9th Circuit may be trying to swing the pendulum. The court recently held in favor of a Montana employer after terminating an employee who used marijuana. In Carlson v. Charter Communications, the court held that the Montana Marijuana Act, which legalizes marijuana for medical reasons, did not prohibit employers from having a drug-free workplace policy in effect and from enforcing said policy.
All employers should stay up to date and current on the marijuana laws and court cases in their state to ensure they stay in compliance. For more information about marijuana laws in your state, please visit our Resource Library.