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home / 世界杯决赛2022

new hampshire court rules that medicinal cannabis can be accommodated on the job

the decision pointed out that while illegal drug use is not a protected disability, the law does not prevent treating conditions with cannabis.

by the fresh toast

feb 15 2022
read time 2 minute read
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cannabis use in the workplace is a complex issue with many layers. while some states in the u.s. may already have cannabis programs in place, workplace laws may be a different thing entirely.

in a recent case , a new hampshire court ruled in favour of a plaintiff, who sued a company that fired him for his medical cannabis use. the plaintiff used cannabis as prescription medication for his post-traumatic stress disorder (ptsd).

as an employee of ride-away, he had to regularly be tested for drugs. although the worker requested an exemption from drug tests related to consumption off-duty, and never on the job, ride-away denied his request and he was terminated.

he then sued the company, claiming that it had failed to accommodate the treatment of his disability. ride-away claimed that it didn’t need to accommodate his preferred treatment since cannabis continues to be classified as a controlled substance.

despite the federal prohibition, though, the court disagreed with ride-away and sided with the plaintiff. the court ruled that while illegal drug use is not a protected disability, the law does not prevent treating conditions with cannabis.
some regard the new hampshire decision as a small, but significant, step, offering as it does a precedent for medicinal cannabis and its use in the workplace.

while the ruling doesn’t note that people can smoke on the job, it supports cannabis’ standing as medicine and, some suggest, will likely be used as reference for a variety of workers who use therapeutic cannabis while off-duty and have found themselves in trouble at their jobs.

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the decision also puts an emphasis on a case-by-case review when it comes to situations involving medicinal cannabis use.
while the new hampshire case represents a step forward, it doesn’t offer any clarification for medical cannabis and drug testing on the job, even if the testing results reflect cannabis use off the job.
despite the fact that cannabis is earning legal status in a variety of u.s. states, employers can still stick to their personal drug policies, terminating employees if they consider cannabis use to be inappropriate.
even in legal states, cannabis remains a federally illegal drug, meaning that drug use in the workplace is a risk. a medical marijuana card may provide some protection and leeway, but courts will approach each case on an individual basis.

the freshtoast.com , a u.s. lifestyle site that contributes lifestyle content and, with their partnership with 600,000 physicians via skipta, medical marijuana information to the growthop.

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