In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of marijuana. Some states have also enacted provisions which protect employees from being discriminated against for obtaining a medical marijuana license, require reasonable accommodations and provide privacy rights outside of the workplace. In total, 15 states currently have medical cannabis laws that provide some form of explicit employment protection for medical cannabis users. Needless to say, the rapid progression in marijuana legalization has left employers “Dazed and Confused.”
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