Controversy seems to accompany marijuana use of nearly every form. Many people still find it hard to accept its medicinal value. At Ohio Green Team - Columbus, we aim to create awareness and to cast a more positive outlook on marijuana. This positivity will be useful, especially in a workplace environment where employers may not welcome such issues.
Even though possession and distribution of weed are illegal at the federal level, many states now have legislation in place that permits certain groups to have access to marijuana. Such a mismatch in policy at different government levels can create a legal gray area, bringing within certain legality issues. Medical Marijuana Doctors in Ohio understand this and try to help patients get legal marijuana through proper channels.
Most employers have a no-drugs policy at the workplace. This provision includes cannabis and all its products. However, some individuals may have a legal basis for possessing a marijuana product. In states where cannabis has been legalized, those in need of it for medical reasons require a medical marijuana card to carry cannabis products as part of their vital medicines.
Some employers, however, refuse to allow their workers into the workplace for fear of creating a drug-tolerant environment. Such employers violate the rights of employees under some federal statutes.
The basis for this refusal is that some employers fear the wider implications of having marijuana at the workplace, regardless of its legal status. An employee known to carry drugs, i.e., medical marijuana, can have a disruptive influence on fellow workers. Medical Marijuana Cards in Ohio help facilitate the process of acquiring medical marijuana cards to help mitigate such issues.
Whether workers or employers, we have to find a reasonable compromise about this issue.
The Americans with Disabilities Act (ADA) obligates employers to have discussions with their employees. Such discussions are meant to find common ground for issues that may violate workplace policies instituted by an employer.
Federal workers are required by law to ensure that their work environments are not a breeding ground for drugs. This provision is a condition for such contractors to be eligible for any form of federal funding.
The use of medical marijuana is not specifically mentioned in any of the above laws. Such lack of clarity on the issue forces us to ask some critical questions: should employers bar some employees with prescription marijuana from accessing the workplace?
We need to address these issues at a policy level. States have much latitude concerning the enactment of laws governing controlled substances, including marijuana. Medical marijuana cards have become common in the last decade as a solution. Individuals with chronic pain due to certain medical conditions can now access cannabis legally.
Employer-Friendly Court Decisions
Traditionally, employers tended not to accommodate marijuana use at the workplace. An employee, for example, may choose to initiate legal proceedings against his employer for wrongful dismissal from work. Such an employee can claim wrongful termination under the disability discrimination laws. Even if such an employee holds a medical marijuana card, a lawsuit alleging wrongful termination will not stand in a court of law.
We cannot bend the definition of “disability” to accommodate marijuana use because someone has a medical marijuana card.
Removing Ambiguities
Many jurisdictions are now coming up with legislation to protect employers from frivolous lawsuits involving wrongful termination. Medical marijuana will continue to be used as a basis for its possession, sometimes by individuals without a medical need for it. Medical Weed Cards in Ohio helps those with genuine medical conditions to get the necessary help regarding marijuana cards. States should include provisions that shield employers from ambiguities related to marijuana possession at the workplace.
Ohio Green Team - Columbus 1733 W Lane Ave Suite 6
Columbus, OH 43221, US (614) 639-0257
https://ohiogreenteam.com
