By Susan Moeser
ASHBURN, Va. – Medical marijuana is now legal in 28 states plus Washington, D.C., but federal law continues to make marijuana in all forms illegal.
UMA Board Chair Dale Krapf addresses the audience during the Safey Management Seminar in Ashburn, Va.
Experts warn the conflict between state and federal law could pose big problems for the bus and motorcoach industry and its employment policies.
A recent report found 93 percent of people believe marijuana should be legal with a doctor’s prescription, so new states will be pushing to legalize it every year.
“This is really going to be a mess. There’s just no other way I can say it. You’re going to have to look at your policies,” said attorney Jill Nagy during a presentation at last month’s UMA Safety Management Seminar.
Nagy emphasized that notification by employees of medical marijuana use to employers will be critical for enforcement by employers.
“Please go back and look at your drug policies,” she said. “Make it clear that you have to be notified if these drugs have been prescribed and will be in your system. Notify us you’re taking it, and you’re not allowed to do safety essential functions. Look at your job duties and make sure safety sensitive functions are added.”
Medical marijuana is packaged to look more like medicine, not a recreational drug. It can take the form of pills, oils, topical gels and creams, vapors or nebulizers, tinctures and liquids. It is unlawful to smoke medical marijuana in many states.
“You as employers are not going to be able to tell if people are taking medical marijuana. You won’t be able to smell it on them,” Nagy said.
Medical marijuana laws may also have an impact on The Family Medical Leave Act, workers compensation laws and the Americans with Disabilities Act.
Because medical marijuana is recommended by a doctor, it should be protected the same as other medicines. But medical marijuana isn’t a prescription drug because laws don’t allow doctors to prescribe it, merely to recommend its use.
“No one’s thought any of these laws through,” Nagy said. “It will be very, very confusing for employers, because I don’t know what the law is telling you to do.”
In general, Nagy said courts in the western United States have ruled the ADA applies to medical marijuana, while courts in the East have ruled the ADA does not apply because you can’t legally get a doctor’s prescription for it.
“I don’t think the Supreme Court will touch this with a 50-foot pole,” she said. “Forget all the federal laws and just look at what your state says for employment decisions.”
Nagy advised attendees to “tighten up your policies and look at your state laws. It will be a state-by-state basis, but you need to know what your employees’ rights are. Follow the law of where your corporate office is located.”
Nagy also recommended looking at workers’ compensation documents for medical marijuana use because “once they are in your possession, the whole world thinks you have looked at them.”
The Department of Transportation has issued a position paper that state law has no impact on its position that marijuana is a prohibited substance. The law regarding safety sensitive employees has not changed in the context of DOT regulations.
Transportation drug tests do not recognize medical marijuana as a valid medical explanation for a positive drug test, and marijuana remains a prohibited controlled substance.
“It will be an interesting couple of years before we get this figured out,” Nagy said.
Experts warn the conflict between state and federal law could pose big problems for the bus and motorcoach industry and its employment policies.
A recent report found 93 percent of people believe marijuana should be legal with a doctor’s prescription, so new states will be pushing to legalize it every year.
“This is really going to be a mess. There’s just no other way I can say it. You’re going to have to look at your policies,” said attorney Jill Nagy during a presentation at last month’s UMA Safety Management Seminar.
Nagy emphasized that notification by employees of medical marijuana use to employers will be critical for enforcement by employers.
Dennis Bennett of Cardinal Transportation LTD in Columbus, Ohio, listens as a speaker at the Safety Management Seminar responds to his question.
“Please go back and look at your drug policies,” she said. “Make it clear that you have to be notified if these drugs have been prescribed and will be in your system. Notify us you’re taking it, and you’re not allowed to do safety essential functions. Look at your job duties and make sure safety sensitive functions are added.”
Medical marijuana is packaged to look more like medicine, not a recreational drug. It can take the form of pills, oils, topical gels and creams, vapors or nebulizers, tinctures and liquids. It is unlawful to smoke medical marijuana in many states.
“You as employers are not going to be able to tell if people are taking medical marijuana. You won’t be able to smell it on them,” Nagy said.
Medical marijuana laws may also have an impact on The Family Medical Leave Act, workers compensation laws and the Americans with Disabilities Act.
Because medical marijuana is recommended by a doctor, it should be protected the same as other medicines. But medical marijuana isn’t a prescription drug because laws don’t allow doctors to prescribe it, merely to recommend its use.
“No one’s thought any of these laws through,” Nagy said. “It will be very, very confusing for employers, because I don’t know what the law is telling you to do.”
In general, Nagy said courts in the western United States have ruled the ADA applies to medical marijuana, while courts in the East have ruled the ADA does not apply because you can’t legally get a doctor’s prescription for it.
Rick Soules, general manager of Cyr Bus Lines in Old Town, Maine, participates in a question-and-answer session during the Safety Management Seminar.
“I don’t think the Supreme Court will touch this with a 50-foot pole,” she said. “Forget all the federal laws and just look at what your state says for employment decisions.”
Nagy advised attendees to “tighten up your policies and look at your state laws. It will be a state-by-state basis, but you need to know what your employees’ rights are. Follow the law of where your corporate office is located.”
Nagy also recommended looking at workers’ compensation documents for medical marijuana use because “once they are in your possession, the whole world thinks you have looked at them.”
The Department of Transportation has issued a position paper that state law has no impact on its position that marijuana is a prohibited substance. The law regarding safety sensitive employees has not changed in the context of DOT regulations.
Transportation drug tests do not recognize medical marijuana as a valid medical explanation for a positive drug test, and marijuana remains a prohibited controlled substance.
“It will be an interesting couple of years before we get this figured out,” Nagy said.
