Even though a patient using medical cannabis may not use it at work or come to work under its influence, many corporate zero-tolerance drug policies make no accommodation whatsoever for these patients. Zero-tolerance workplace rules prohibit any detectable amount of illegal drugs in an applicant or employee’s blood system, and this prohibition is typically extended to medical cannabis. Many state medical cannabis statutes fail to provide accommodation for this issue, and because THC metabolites can be detected long after a user is impaired or influenced by the use of cannabis, users may still lose their employment if cannabis use is detected through mandatory drug testing. Using cannabis in the workplace can be very difficult if the employer decides not to permit it. Employers are allowed to ban cannabis use in the workplace and to date the courts consistently have ruled with employers on this issue. In September 2012, the Sixth Circuit U.S. Court of Appeals sided with Walmart in the company’s termination of a Michigan brain cancer patient using medical cannabis, in violation of the company’s substance abuse policies.10
USING MEDICAL CANNABIS IN THE WORKPLACE
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