Human Resources Perspective – Medical Marijuana:
Federal law typically overrides state law unless the state law is grounded in the state’s constitution. In the area of employee use of marijuana for medicinal purposes, there has been conflict among state courts and now a federal court has added to that conflict. The issue is whether or not federal law, which prohibits the use of marijuana for any purpose, should govern a healthcare provider’s policy towards employee medicinal use in states where medicinal use is lawful. Healthcare providers must consult legal counsel for guidance and then consistently follow that guidance in hiring, retention and termination decisions.
Policy/Procedure: There is conflict; nevertheless, follow your facility’s policies and procedures.
Implementation: Provide education during new hire orientation and staff in-servicing as laws and regulations change.
Audit: Audit your policies and procedures, education and in-services to make sure they are current and up-to-date.
A healthcare worker told a potential employer that she took medical marijuana to deal with the effects of a car accident, but when a drug test came back positive, the nursing home rescinded her job offer. A federal judge ruled that the nursing home, which had cited federal laws against pot use, violated an anti-discrimination provision of 
Connecticut’s medical marijuana law. It was the latest in a series of clashes between U.S. and state laws that came out in favor of medical marijuana users trying to keep or obtain jobs with drug-testing employers. The Connecticut decision was the first ruling of its kind in a federal case and followed similar recent rulings against employers by state courts in Massachusetts and Rhode Island. Earlier rulings had gone against medical pot users in employment cases by state supreme courts including those in California, Colorado, Oregon and Washington over the past few years.
