How should companies handle medical marijuana?

With the legalization of marijuana for medicinal purposes, how should companies be prepared to react to the use of this "drug" in the workplace?

Rita Risser's Response:

Good question! Obviously, there are no cases on it yet, but here are my thoughts. Generally, I think the use of marijuana should be treated the same as any other perscription medicine. For most positions, employers do not ask employees to reveal whether they are taking medication, so there is no reason to do so here. As long as their use of marijuana does not interfere with their ability to work, there is no need for concern. (I've read that people who are extremely ill do not experience psychedelic effects; rather, smoking marijuana allows them to feel "normal.") If someone is unable to perform competently, then management should focus on the issue of performance. Obviously, truck drivers and others with safety-sensitive jobs should be required to reveal any prescription medication that affects their ability to work.

If employees state they are using medical marijuana, I imagine under the California Fair Employment and Housing Act you would be required to reasonably accommodate by perhaps giving them longer breaks, flexible working hours or part-time work schedules.

One way in which I think marijuana should be treated differently is in use on company premises. Employers usually allow employees to take their medication on site. This is a difficult one for people who smoke marijuana, due to the issue of second-hand smoke. I think it is reasonable to ask people who smoke to do so away from the company premises, but I could be wrong on that.

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