Tracey E. Diamond, of counsel with Pepper Hamilton, was quoted in the February 1, 2017 What’s Working in Human Resources article, "Experts Give Their Solutions to Difficult Workplace Problems." In this article, Ms. Diamond discusses whether employers in states that legalized marijuana required to allow, at least in some cases, employees with marijuana prescriptions to work under the influence?
No. It means that in your state, and states like yours, you can’t discharge, refuse to hire or otherwise discriminate against individuals based on their status as medical marijuana users, says employment law attorney Tracey Diamond (firstname.lastname@example.org) of the firm Pepper Hamilton LLP.
Since marijuana use remains prohibited under federal law, employers in most states are not required to accommodate the use of marijuana in the workplace, and may discipline or terminate an employee for being under the influence of marijuana at work, particularly if their performance falls below accepted standards.
Where things get tricky is when an employee shows no outward signs of impairment at work, but tests positive in a random drug test. The laws in this area can be very state-specific. Before taking action, consider consulting an attorney.