You know that marijuana has been legalized for recreational use in multiple states including California and Colorado.You know that more than half of states permit the use of marijuana medicinally.And,you even know that some jurisdictions prohibit discrimination against employees who are medical marijuana cardholders,but what does that all mean to you and your business? If you are not sure,read oh! Under federal law,marijuana use for any purpose is still illegal.Thus,there is no obligation under the Americans with Disabilities Act(“ADA”)to accommodate users of medical marijuana.Thus,it is state and even local laws and ordinances that drive the medical marijuana discussion.However,the ADA principles related to non-discrimination,the interactive process and reasonable accommodation are still helpful to follow if you're in a jurisdiction that has anti-discrimination protections.If you are wondering when this issue comes up and how you should not handle it,let me tell you a cautionary tale.
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