As states legalize marijuana for medical or recreational purposes, employers that wish to regulate drug use and its impact on the workplace face a host of issues. Employers may be confronted with requests for accommodation of marijuana use for a medical condition that constitutes a disability under federal, state or local laws. Employers that conduct substance-abuse testing of applicants or employees may now be confronted with positive test results for marijuana in states where use is legal, raising the question of whether adverse action may be taken. This evolving area of the law raises questions about the interplay of federal and state laws, some of which remain unanswered.
Today, 23 states and the District of Columbia have enacted laws legalizing medical marijuana. Four states and the District of Columbia have legalized the recreational use of marijuana. Legislation to legalize medical use is pending in seven states, including Pennsylvania. In some states where marijuana has yet to be legalized, such as Pennsylvania, state and city legislatures have decriminalized its use, including in Philadelphia, which passed an ordinance decreasing penalties for the possession and use of small quantities.
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