Courthouse Ambiguity

Recently, there have been many situations around the country where, even though cannabis is perfectly legal for recreational use, in these same states employees are being fired for legal use.

Employers have questioned employees upon entry about their use of cannabis. Of course, many employees felt obliged to answer truthfully now that cannabis is legal in their place of work, leisure, or residence. Months later, these same employees are fired about their legal use, medicinal and recreational, of marijuana.

Most are puzzled at how they could be terminated when they use marijuana legally especially since so many states have both decriminalized and legalized marijuana.

The truth is, if the state you work, live, and leisurely spend time in does not actively, explicitly, and specifically protect marijuana users from workplace discrimination, you can still be caught in a sticky situation.

Currently, there are only 19 states along with the District of Columbia that have laws to prohibit the discrimination for marijuana users who use medicinally. Of these states there is only one state, Maine, that has granted legal protection to the off-duty use of recreational marijuana.

Even in states where marijuana is legal (recreationally) or decriminalized, employers are generally free to enforce zero-tolerance "drug policies" that leaves recreational marijuana users of any kind in a legal room of ambiguity.

Some states have laws protecting employees from discrimination based on their use of "lawful products" while off duty. While these laws were initially intended to protect tobacco and alcohol users, there is an argument that they should include marijuana users as well. (Admittedly, this argument was weakened by the fact that marijuana remains illegal under federal law.)

While many hurdles have been accomplished on the grounds of cannabis for legalization, there is still much more to be done so that every one is treated fairly and not discriminated against on their choice of leisure activities. The best advice is to always read the handbook of your workplace carefully upon onboarding. Although it isn’t the most fun activity, it will reveal where you have wiggle room and allow you the opportunity to clarify any areas of uncertainty. If you have been terminated for marijuana use in a legal state, it is very wise to consult with an attorney as you may have a sizeable case to be compensated for unfair treatment. The result could change for the good of everyone at your place of employment or for fellow residents in your state entirely. Let your voice be heard and when it is time to stand up for reform of cannabis laws. Injustice anywhere is a threat for justice everywhere- this includes the cannabis community at-large.

written by: Lady Kay