With its recent passage of a law allowing for the palliative use of marijuana, the legislature made Connecticut the 17th state in the nation to legalize this practice. The bill, which becomes effective on Oct. 1, 2012, has myriad implications for Connecticut employers and, unfortunately, leaves many questions about its application unanswered.

The bill contains two key provisions about which employers should be aware. First, it prohibits employers from refusing to hire, firing, or taking any other adverse employment action against an employee solely on the basis of the individual’s status as a user of medical marijuana or as the primary caregiver of a user of the drug. In essence, this means that qualified medical marijuana users and their caregivers are new protected classes under state law. Second, the bill prohibits use of marijuana in the workplace and preserves an employer’s ability to prohibit the use of “intoxicating substances” at work as well as the ability to take action against an employee for being under the influence of such substances during work hours.

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