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It’s no secret that marijuana (both recreational and medicinal) is gaining popularity amongst the general public.  With the rising popularity comes a more generalized acceptance of the drug, no matter how it might impact an individual or a setting.  As more states allow the drug for medical and recreational purposes, it’s becoming clear that the misalignment of state laws and federal regulations is coming to a head, and employers rights are at risk.

Although there is a legal precedent of protection for employers rights to drug test in the workplace, recent case law has ruled in favor of marijuana users and protections towards their rights as medical marijuana card holders.  States such as Maine have written into their laws that employers cannot fire employees or refuse to hire a potential employee solely based on a marijuana positive drug test.  For employers that are subject to federal regulations such as DOT mandated drug testing, this sort of laws creates confusion on which to follow – state law or federal regulation.  Most employers who face this confusion are, rightly, erring on the side of caution and following federal regulations, meaning no medical marijuana users are allowed to hold those positions.

Have questions about what is allowed now that medical and/or recreational marijuana has hit your state?   Contact the Current Consulting Group, LLC, at for information on how we can help update your policy to reflect new laws, or subscribe to, the most comprehensive state law database in the industry.

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