Marijauna and your employees

Marijuana still remains a Schedule 1 drug under the federal Controlled Substance Act.  However, many states have approved the medical use of marijuana.  So, what does that mean to you as an employer or you as an employee?

In most instances courts will back the federal law.  However, some states have started to back employees who are under prescription, taking marijuana.  So, where do we go from here?

In this recent opinion article from the Press of Atlantic City we are made aware of a case where a funeral home terminated an employee after it discovered that he was under the influence of medical marijuana and did not disclose such per company policy.  It turns out that the employee was involved in a minor automobile accident on the job and a routine blood test at the hospital revealed the substance in his system.

According to the same article, the New Jersey Supreme Court has agreed to consider this case which many believe will result in a requirement that businesses in New Jersey “be required to start accommodating most users under their medical marijuana law.”

Funeral Director Daily take:  Interesting how funeral homes seem to get involved in some of these decisions.  We’ve already been notified that the United States Supreme Court will take up, in their next session, the work rights of people transforming their gender, a case stemming from a dress code situation in a Michigan funeral home.  Here is an article we published in early July that pertains to that case.

As to the marijuana case, I was talking to my wife about it before writing this article.  She said, if you have to accommodate an employee who is under the influence of medical marijuana you cannot afford to let them drive since an accident that harmed someone would put you in an unwanted liability position that you had let an “under the influence” driver drive.  Then she said, “you would have to confine that funeral director to the prep room.”

Well, in thinking about that, I thought if the employee injured him or herself with a sharps like a needle and was infected with something like hepatitis, they would litigate that I had put them in harm’s way knowing they were under the influence of mind altering drugs.  That would also not be in a good position to be in defending a litigation claim.

So, what is the employer to do?  What will “accommodating” mean?  If a funeral home cannot use employees in positions that they were hired for, what will we do with them?

This is one of those issues that our nation must get it grips on if we are to move forward as we grapple with fair employer/employee relationships.

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2 Comments

  1. Johnathan on May 7, 2022 at 12:29 am

    Mr. Matthew is entirely correct. A blood or urine test wouldn’t accurately portray whether or not an individual was under the influence at the time of said test. Considering it is recreationally legal in more states than ever, it’s about time we fully understand the nature of the beast. It would very much be akin to an individual showing up to said job drunk. You can drink when you’re not on the clock without any sort of ramifications and thus it should be the same for marijuana use. A saliva test seems to be the most accurate way to test someone’s use. If they’re inebriated on the job, that’s case to fire said individual… regardless of substance being used. To my knowledge, the vast majority of marijuana users do not show up to shifts inebriated, but it’s entirely justified for an employer to take exception to those that do.



  2. Seger Mathew on June 15, 2021 at 7:53 am

    Saliva tests are accurate up to three days after use. Being under the influence and the tests are not aligned. The test only tests for the byproduct stored in fat and not actual thc active in the body to a level of intoxication.
    Lab tests can show exact nanograms. My point…. More accurate testing to test under the influence VS the presence of byproduct.
    It would be treated like alcohol….. Working under the influence would have consequences the same way.



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