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License To Smoke Pot May Not Hold Much Weight In The Workforce

By James Rubin, Esq.

A local reporter interviewed me about how DC's new medicinal marijuana law may afrfect workplace rules. Not much is the answer:

"Once it affects your work performance, it's the employer's rule, just like with any other drug."

In other words, whether or not marijuana is legalized for medicinal purposes, if you come to work under the influence you can be fired (just like if you come to work under the influence of other legal substances, i.e., alcohol). Also, most states allow random drug testing and zero tolerance policies and possession of marijuana is still a federal offense. So, even if the use of marijuana does not affect your job performance, if your employer finds out you are using it, your employer can terminate you.

Full post as published by Maryland Employment Law on December 21, 2009 (boomark / email).