When Background Checks Reveal Medical Marijuana

Medical marijuana is a hot button issue.  It is even more of a hot button issue when you consider whether employees can be dismissed or not on grounds their background checks or drug tests reveal they have been using medical marijuana.   At best the guidelines for medical marijuana use in regard to the workplace are confusing.  At worst they are contradictory.   And somewhere in between, most employers are trying to decide what to do about it.

According to Colorado’s Glenwood Springs Post Independent, the Aspen Chamber Resort Association and workers compensation insurer Pinnacol Assurance will present a seminar, “One Toke Over the Line: Medical Marijuana in the Workplace,” on April 29 at the Aspen Square Hotel conference room.   A large turnout is expected as employers try to grapple with this issue, determining their own guidelines while remaining compliant with the law.     As it stands, employers do not have to accommodate medical marijuana users .  Prevailing laws prohibit the use of medical marijuana when it can pose an endangerment to others.  What all that means, exactly, of course no one can really say.

I have blogged about this issue before.  My one article, Background Checks and Employees Using Medical Marijuana discussed this very issue, not long ago.   As we are based in California and with clients here and in Colorado as well, we have been asked what is the law, the ruling, the something regarding medical marijuana in the workplace?  What happens when you run a background check and find your job applicant has a legitimate license to use medical marijuana?

Theres are all interesting questions for the new workplace environment.  As more states liberalize their laws for medical marijuana use, which, let’s face it, is essentially a first step toward legalizing it, then there will be more concern for compliance and rulings in the workplace.  As more states liberalize these laws, there are more medical marijuana dispensaries opening for business.   Some say medical marijuana use is up, but with respect to these claims, I have no idea.   I do know that driving around  Los Angeles on any given weekend, the medical marijuana dispensaries are among the few storefronts that do not seem wanting for business.  Even in this down economy.

I suppose that when certain states pass laws that allow for employees to bring their guns to work, or at least leave them in the car, then coming to work stoned is the next logical extension.

Normally, employers conduct background checks, anyway.   I suppose  they should give extra scrutiny to those  either possessing firearms or  using of medical marijuana have ever been convicted of a felony or misdemeanor.  But then there is the issue of fairness.  Separating gun toters and pot tokers from the regular lumpen  job applicants who turn up on their background checks with criminal records may show bias that is either illegal or unethical.

As iconic medical marijuana user, all right then,psychedelic  mushroom eater,  Alice of Alice in Wonderland fame remarked, “things are getting curioser and curioser.”