Sixteen states, plus the District of Columbia, have enacted legislation that affords protections to qualifying individuals with debilitating medical conditions by allowing them to lawfully engage in the medical use of marijuana. 1 The following six states have pending legislation that would decriminalize the use of medical marijuana: Illinois, Massachusetts, New Hampshire, New York, Ohio, and Pennsylvania. In 2011, eleven other states considered, but ultimately rejected, legislation that would decriminalize the use of medical marijuana.2 Delaware recently joined this growing trend among states when it enacted the Medical Marijuana Act (the Act). The Act is noteworthy, in that it extends certain employment protections to medical marijuana users. Only a few other states have done so, but it is likely that more will follow. This article will discuss medical marijuana laws, with a focus on employment protections provided in the Act and similar statutes. The article will conclude with recommendations on how employers should proceed in jurisdictions whose medical marijuana laws include employment-related provisions.
Delaware’s Medical Marijuana Act
Other State Statutes with Employment Related Provisions
The Potential Conflict Between Federal and State Laws
How to Manage the Uncertainties in the Medical Marijuana Statutes
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