Medical Marijuana and the ADA: Hashing Out How States and Employers Cope with Medical Marijuana

Thirty-three states have legalized medical marijuana. Ninety-three percent of American voters support legalizing medical marijuana. Despite this support, marijuana remains an illegal drug under the Controlled Substance Act of 1970. When the ADA was passed in 1990, it excluded disabled individuals who used illegal drugs from its protections. What does this mean for the millions of medical marijuana users? This interactive session will begin with discussions on the history behind the illegal drug provision in the ADA and how courts have applied the definition to medical marijuana. Attendees will have the opportunity to engage in interactive polling using their mobile devices. Additionally, this session will explore the varying approaches taken by states and employers to protect or prohibit the use of medical marijuana by employees and applicants with disabilities by delving into case studies. The session will end by identifying reasonable accommodations and discussing the advantages and disadvantages of each.