Marijuana and the Americans with Disabilities Act

There is a great need for medical marijuana use for some individuals in the country that face disabilities so that the pain and other symptoms from conditions are maintainable. Understanding the intersection between these two issues is important for the citizens in the states that provide little help with these laws and other states that protect the use of health conditions or physical disability.

There is a severe problem that exists when employers have an involvement in disabled employees that have the legal right to use marijuana as a medical treatment when still working for a company that does not normally permit use for any reason. Because of this intersection between the ADA, the employee and the drug, employers may find it difficult to enforce certain rules regarding those exempt based on a truly complicated medical issue. It is in these situations that management may need to rethink certain stipulations of employment with some physically disabled employees still able to retain employment while on temporary or permanent disability.

Legalized Marijuana, Employee Disability and the Employer

Complications with legalized marijuana usage will increase as more states legalize the medical if not recreational use of the drug. While there are 23 states since 2017 that permit the medical treatment of marijuana for the disabled or those with certain medical conditions, this number could grow. The employee with the disability or health condition may use the drug. However, he or she may not ordinarily smoke or consume marijuana while on the company property. This may become possible with doctor notes and a health or physical condition that warrants the need. Disciplining these workers is more difficult when the consumption of the drug occurs at work.

Americans with Disabilities Act

When a person has a disability, he or she may need drugs, treatments or therapy of some form to assist with symptoms or pain. In these situations, many members connected with the ADA require medical marijuana. For those with complete or permanent disability, the drugs are the only method of handling the constant agony or other symptoms for certain conditions. Physical disability often leaves lingering and continual suffering that may remain no matter what time of day it is. The use of medical grade marijuana becomes a lifeline. However, this could cause problems when at work, in a state that has no legalized laws for the drug or when another problem arises.

For employers that work with a disability, they must make allowances or suspend certain rules when a disabled person must use marijuana to function. When taken at the appropriate times, the employee may bypass any complications the substance may cause to cognitive skills or clear thinking. There may exist a connection between the ADA and the ability to take or consume marijuana for medical conditions as prescribed by a doctor. In these situations, if an employer fires the disabled worker, it is possible to seek a claim against the company. It is important to seek the advice and counsel of a lawyer to determine if a claim is valid.

Pursuing a Case for ADA

There are several cases that appear over the years that may connect the drug of marijuana to the ADA. This Act protects those with a disability. While some cases may involve increased difficulty when the person has a disability that does not correspond to pain, a doctor or therapist may provide a reason why the drug would help the person. Pursuing a claim is generally necessary when the individual loses his or her job for drug testing. This may occur without any test, when the person discloses details of the drug use or when a policy that may end in termination causes the firing of a disabled person that consumes marijuana. 

The primary reason to pursue a claim is the injury through economic or non-economic damage caused by the company. It is this intersection the occurs between the drug and the ADA that may increase the chances of success in a claim against the company for termination or other matters that cause negative effects to the person. The claim may provide compensation used until a new job is possible.

Legal Support with the and the ADA

A lawyer may need to become involved with a claim against a company that causes either problems or the termination of the person working while needing to consume or smoke marijuana. The ADA may provide protection against this action, and the lawyer would need to prove this.