Stephanie Dutchess Trudeau contributed analysis to a recent Crain’s Cleveland Business article focusing on how Ohio employers are addressing medical marijuana issues. With conflicting state and federal laws on the subject, and an implementation date of September 2018, proactively planning for new medical marijuana policies has been challenging for many companies.
If there’s no clearly written [medical marijuana] policy and someone is tested and fired for marijuana use, [a company may be] potentially liable for unemployment claims, regardless of any doctor recommendation saying the drug would benefit the person (doctors, in fact, only recommend medical marijuana to patients, but don’t prescribe it, because of federal laws. This is why a patient doesn’t get their marijuana from a pharmacy.).
“But what about employers who don’t want to necessarily say no? I have seen that,” said Stephanie Trudeau, a labor and employment litigator with Ulmer & Berne LLP. “They are torn over their desire to find a way to make the legalization of it blend together in a safe workplace in harmony. I’ve talked to some who are struggling over the idea of making employees choose between keeping their job or keeping a treatment the employee says is medicine that improves their quality of life.”
For more from Stephanie on this important topic, please click here to read the full article. Please note that a subscription may be required to access the full content. For additional coverage of medical marijuana issues for employers, read Stephanie’s recent client alert by clicking here.