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MARIJUANA AND THE WORKPLACE: HOW HIGH
ARE THE STAKES FOR EMPLOYEES?
Jayden D Gray*
INTRODUCTION
For years now states across the country have been passing legislation
legalizing the consumption of marijuana, both for medicinal and
recreational purposes. Pursuant to the federal Controlled Substance Act,
however, marijuana remains a Schedule I controlled substance. This means
the possession and use of marijuana is considered illegal according to
federal law. The inherent conflict between state and federal law has given
rise to a number of legal issues. This paper will examine the legal
complications of marijuana in the workplace. Specifically, it will discuss
whether employees can legally use marijuana without the possibility of
adverse employment ramifications. This paper will move forward as
follows.
First, it will discuss Utah's and other states' efforts to legalize
marijuana, and the federal laws in place that make marijuana federally
illegal. It will also discuss the federal Americans with Disabilities Act and
whether it protects an employee's use of marijuana. Next, this paper will
look at federal and state court precedent addressing whether employers have
an obligation to accommodate an employee's use of marijuana. Lastly, this
paper will consider specific state laws that have been implemented to
protect employees' rights to lawfully use marijuana.
I. BACKGROUND
A. State Legalization ofMarijuana
In recent years, Utah legislators have attempted to pass legislation
that would allow[] patients with certain ailments (such as cancer, AIDS,
epilepsy and chronic pain) to use marijuana edibles, extracts and oils under
the direction of a doctor.' In 2015, Utah Senate Bill 259 was narrowly
* Jayden D Gray, J.D. Law Clerk in the Utah Second District Court. The views expressed in
this Article are my own and do not reflect the views of my current employer.
1 Mark Green & Ben Winslow, Medical Marijuana Bill Heading to Utah House After
Passing 17-12 in Senate, Fox 13 NEWS (Feb. 25, 2016, 3:05 PM),
http://fox13now.com/2016/02/25/medical-marijuana-bill-heading-to-utah-house-after-
passing-17-12-in-senate/.](ViewImageLocal?handle=hein.journals/utlronla6&div=1&collection=&method=preview&ext=.png&size=3)
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