Marijuana is quickly becoming legal for medicinal purposes throughout the country. Starting in California in 1996 with the passage of proposition 215, there are now 23 states and the District of Columbia that have passed laws allowing for the use of medical marijuana. It has been decriminalized by 15 states.
Although it remains illegal under federal law, there have been signals coming from the feds that at some point in the not too distant future they may reconsider this and reclassify marijuana from a schedule I drug under the CSA to a schedule II drug, which would allow it to be used for medicinal purposes throughout the country.
In 2014, the DEA recommended to the FDA that it reclassify marijuana as a schedule II drug. Additionally, in 2014 Congress defunded The DEA’s budget to conduct raids on medical marijuana facilities in states where it is legal.
What wouldn’t have been imagined 15 years ago is now actually taking place throughout the country. Currently, the Supreme Court of Colorado is considering the case of Brandon Coats, a quadriplegic medical marijuana user, who was fired by Dish Network for using medical marijuana. Mr. Coates sued under Colorado’s Lawful Off Duty Activities Law, which provides protection to employees who engage in activities outside of work that are legal, essentially keeping employers out of their employees private lives. If the Colorado Supreme Court comes back finding in favor of Mr. Coates this would be the first time a state Supreme Court ruled in favor off an employee who was fired for using medical marijuana.
This raises myriad issues for employers, workers’ compensation carriers and third-party administrators. If you are an employer, risk manager or an insurance carrier and have not started considering the impact of medical marijuana on your business it’s probably time you started.
By: John Kutner