Medical Marijuana Ethical Issues

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PURPOSE

The purpose of this report is to advise how a company should ethically handle an applicant who requests reasonable accommodation under the Americans with Disabilities Act for medical marijuana. An increasing number of states have legalized the used of medical marijuana. The country’s shifting views and laws on marijuana have challenged many industries with various ethical issues and how to conduct business.

There are multiple goals for this report. First, this paper will explore various international, federal, and state laws regarding drugs and marijuana. Second, the report will examine several cases involving discharge or failure to hire due to medical marijuana use. Lastly, this report will assess best ethical alternative for …show more content…

State Medical Marijuana Laws
There are an increasing number of states that have medical marijuana laws. The statutory language varies by state, but each law legalizes the use of marijuana to those with qualifying medical conditions. Some state marijuana statute provides protection from state law criminal prosecution, but no employment protection. California Compassionate Use Act and Colorado Amendment 20 are some examples of state statutes regarding the legal use of marijuana (California Department of Public Health, n.d.).

MEDICAL MARIJUANA AND DISABILITY DISCRIMINATION CLAIMS

The use of marijuana at a workplace is not clearly addressed in many statutes legalizing medical marijuana. Courts have deliberated on cases regarding the question if employers are required to provide accommodation to employees who use medical marijuana to treat medical conditions under the ADA. Employees who have been removed from their positions for their use of the drug have brought claims against their employer for wrongful discharge and discrimination. These claims have often failed in states that do not explicitly address the constraints of terminating an employee for the legal use of medical …show more content…

It is a company’s ethical responsibility to not hire an applicant who requests reasonable accommodation for medical marijuana even with the Americans with Disabilities Act. This recommendation can be supported by the five ethical philosophies. If a company has zero-tolerance drug policy, they must enforce those guidelines. The only exception would be a company operating in a state where it is legal to use medical marijuana and the company does not have a drug-free policy. Employers must attempt to provide a safe and productive workplace, but they must do so without violating individual rights and federal and state

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