Lawyer Commentary JD Supra United States Connecticut Medical Marijuana Statute Is It Sowing the Seeds of Employer Discontent?

Connecticut Medical Marijuana Statute Is It Sowing the Seeds of Employer Discontent?

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With the enactment of Connecticut’s medical marijuana, Connecticut became the 17th State in the Union to pass legislation legalizing the use of pot in one way or another. As of today, 20 states and the District of Columbia have enacted legislation and that number will likely continue to grow.

Connecticut has now approved comprehensive regulations which will certainly usher in growth in the number of patients who are approved to use medical marijuana. Production and dispensing licenses may be awarded by the winter of 2014 – although that is yet to be seen based on some of the political issues at stake. Eventually, Connecticut will certainly see a burgeoning new industry comprised of state-based pot growers and separate retail dispensaries servicing more than 1,000 certified patients — which is just the beginning of the patient population that will seek certification over the next few years.

This population of patients is already raising significant questions for employers who may have employees who use medical marijuana in order to combat chronic health conditions. Employers are now asking how they should deal with those employees who are certified users and report to work under the influence. Employers are also asking about their rights to discipline employees who may have trace amounts of cannabis in...

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