Medical Marijuana Laws Create Dilemma for U.S. COMPANYS

Frederick Smith was quoted in the February 14, 2010 Business Insurance article, "Medical Marijuana Laws Create Dilemma for Firms." The article reported on the legalization of the use of medical marijuana in more states and its impact on employers facing the challenge of maintaining a safe workplace. According to the article, for the most part, courts have ruled that firms do not have to accommodate medical marijuana users, however, employers in some jurisdictions are still awaiting guidance on the issue. The article noted that fourteen U.S. states now have laws that permit physicians to prescribe marijuana for cancer, chronic pain and a host of other medical conditions, while legislation to permit medical marijuana has been introduced in another 12 states. Despite the state action, however, marijuana remains an illegal substance under the federal Controlled Substances Act, which some say creates tension between state and federal laws. Fritz told Business Insurance that “The issue isn't as gray and as complicated as people think it is, and I think it's pretty clear, notwithstanding the laws that have been enacted in 14 states, that an employer has no obligation to accommodate an employee's use of medical marijuana.”