In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of medically prescribed marijuana during working hours. The employee claimed that under the Americans with Disabilities Act (“ADA”), he enjoyed the right to use marijuana, medically prescribed, to address his anxiety disorder, as a reasonable ADA accommodation for his disability.
The trial court disagreed, noting that the language of the ADA does not protect employees in the current workplace use of marijuana. Reaching its decision, the trial court noted that under Federal law marijuana remains a “Class 1” controlled substance. Accordingly, a state’s statute purporting to allow medical use does not alter the legal status of marijuana and does not provide legal protection for use under Federal statutes, including the ADA.
Although holding that an employee is not protected in using marijuana at work, the trial court noted that employees are protected from discrimination based upon an employee’s underlying medical condition treated by marijuana use. In this case, the employee claimed an anxiety disorder. The trial court clarified that the underlying anxiety disorder would remain protected against discrimination and eligible for reasonable accommodation.
No doubt, the razor-thin distinction between whether an employer has imposed discipline due to marijuana use at work, or whether employer action was taken due to the underlying medical reason for marijuana use, may present a source of challenge in future cases. As the legal landscape defining marijuana usage remains in flux, employers are strongly advised to seek counsel before taking adverse actions, even with regard to employees claiming medical approval.
