09/16/2012 // San Francisco, CA, USA // Keller Grover LLP // Eric Grover // (Blog)
Employees who legally use medicinal marijuana beware! A court of appeals has determined that medicinal marijuana use—regardless if it’s legal under state law—is not protected under the ADA and can result in your termination. Because marijuana is still illegal under federal law it means that there are no grounds for protection under the ADA, regardless of whether it helps a person deal with their disability, says Eric Grover a Bay Area employment lawyer.
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The 9th Circuit Court of Appeals has taken on medical marijuana and the ADA, concluding that individuals who use marijuana, even if doing so legally under state law, aren’t protected from discrimination under the ADA.
As a practical matter, that means disciplining employees for using medical marijuana won’t violate the ADA.
Employee using medical marijuana? Firing won’t be a violation of the ADA
