As a result, 29 states (and the District of Columbia) will now have comprehensive medical marijuana laws on the books.

Of these newly-approved medical marijuana laws, only Arkansas’ legislation includes language that mentions employers.

Specifically, the law states:

However, it also makes clear that an employer is not required to accommodate the ingestion of marijuana in a workplace or to tolerate an employee working while under the influence of marijuana.

Despite the surge in state-level legislation regarding medical marijuana, it is important to remember that marijuana remains a Schedule I drug under the federal Controlled Substances Act, which means that it is neither lawful to use or possess as a matter of federal law.

Source: Littler Mendelson P.C., 11/9/2016