Home / Personal injury attorney / Ninth Circuit Agrees with Montana: Employees Can be Fired for Off-Work Marijuana Use

Ninth Circuit Agrees with Montana: Employees Can be Fired for Off-Work Marijuana Use

 Montana medical marijuana employment "width =" 360 "height =" 263 "/> Medical marijuana is legal in Montana, unfortunately this does not prevent local employers from stopping workers from legitimate, state </p>
<p> During 2010, while working in Charter Communications, LLC, Lance Carlson received a medical marijuana card under the Montana Medical Marijuana Act to treat chronic lower back and abdominal pain. The medical marijuana card allowed Carlson legally to use marijuana to handle the conditions. In 2016, Carlson was involved in a car accident. Post-accidental urinary analysis was tested to positive for THC. Mr. Carlson was quickly aborted as a result of a drug test. </p>
<p> sir. Carlson initially started his former employer at the Montana State Court, where he alleged that the former employer had put an end to him wrongly in the face of discrimination. According to the Montana Human Rights Act – specifically that his employer had been discriminated against because of disability. The case was transferred to the Federal District Court. Charter Communications quickly switched to the notice of termination, claiming that the Montana Marijuana Law had allowed them to stop using Carlson's medical marijuana. Carlson called for a decision in the ninth round. </p>
<p> Ninth Circuit <a href= unpublished statement confirmed the dismissal of the district court. Ninth district specifically justified Montana's medical marijuana activity, according to which employers have the right to deny workers the use of marijuana. Carlson questioned this exact regulation as being unconstitutional. The Ninth Circle however defined that it was constitutional because it was "rationally linked to Montana's legitimate state's interest in providing cautious regulation to restricting access to non-illegal substances to which there is little or no effective alternative"

Since the general trend in marijuana has been approved, the decision of the ninth district number is disappointing, even though it has not been published and therefore does not have a legal precedent. However, the problem is not normally in the ninth circle, but by the state of Montana. Now is the time to open Montana's officials to take Montana's medical marijuana law to be changed to protect the employee's medical marijuana.

Montana is not alone in allowing employers to terminate a worker's legal off-work use of marijuana. Oregon also has a provision that does not require employers to accept workers' medical marijuana use. From 2010 onwards Oregon Supreme Court stated that the Statute on the Prohibition of Disability Discrimination does not protect medical marijuana users. Under Washington law, employers do not require the use of medical marijuana by workers. Colorado, the second state that is at the forefront of the legalization of adult use, allows the termination of employers for workers also for the use of medical marijuana.

Although Oregon and California have struggled to move from legislation to protect workers outside the pharmacovigilance system, other states have succeeded. These laws usually involve an employer who concludes an agreement with the federal government and thus demands a drug-free job. Federal lawmakers have recently introduced legislation on the use of marijuana. There are currently two a law has stopped Supervisory Committee

I suspect that the states that are discussing this blogbook intend to end the change of the era, but so far it must be borne in mind that many states allow employers to legally terminate their employees by a marijuana physician or otherwise.


About admin

Check Also

California Hemp Cultivation: It’s Complicated

Our California hemp lawyers regularly ask how California's laws and regulations for hemp cultivation apply …

Leave a Reply

Your email address will not be published. Required fields are marked *