Is An Employee In Massachusetts Protected For Using Marijuana?
The landscape of marijuana tolerance in the United States is no doubt changing. This includes those who advocate for the medicinal use of cannabis and those who are willing to tolerate its recreational use. We question, Is an employee in MA protected for using medical marijuana?
Currently there exist 23 different states that have passed some form of medicinal marijuana use law, not including the District of Columbia and the seven states where legislation is currently pending. That means an astonishing 30 states, or 60%, could have legislation legalizing the medicinal use of marijuana. Of the 23 states that currently allow for medicinal marijuana use, 4 states plus the District of Columbia have passed legislation allowing for the recreational use of marijuana.
While Massachusetts has not gone as far as to allow for recreational use of marijuana, they are 1 of 19 states which has decriminalized certain possession laws for small amounts of marijuana. In addition to its liberal views of marijuana, Massachusetts is also happens to be one of the most civil rights minded states, being one of the first states to implement anti-discrimination laws in education (1855), public accommodations and employment (1944).
So as one of the more lenient states in the country in their opinion of marijuana and their history of being pioneers in the fight against discrimination one could easily assume that Massachusetts would allow for the use of medicinal marijuana as a reasonable accommodation for those employees who are lawfully prescribed cannabis for treatment of serious and chronic disabilities, however that is likely not the case. Unfortunately that is an issue which has yet to be decided in Massachusetts.
Colorado was one of the first […]