b'M ore than twenty statesrespective medical marijuana act. An example is Employee Protections in the Era of Medical Marijuana LegislationBy Nicole JupeQuest Diagnosticshave enacted medicalOhios medical marijuana law, enacted in 2016, marijuana laws sincewhich explicitly provides that employers have the Proposition 215 was passed by California votersright to establish and enforce zero-tolerance drug in 1996. The earliest medical marijuana lawstesting policies.typically only provided criminal protections,1.Californiahowever in the past two decades, laws are now2.Coloradoextending protections to housing, schooling, domestic relations, and employment. State3.Michiganmarijuana regulations uniquely address aspects4.Montanasuch as possession limits, methods of ingestion,5.Ohiodistribution, dispensaries, qualifying conditions, and actions employers can take in the wake of6.Oregonpositive drug test results. States likely providing no employee 7.WashingtonGenerally speaking, employees have someprotectionsprotections and legal rights in the workplace against various forms of discrimination andSeven states and the District of Columbia have unfair practices.Under the current landscape ofstate medical marijuana laws that are silent as to todays medical marijuana laws, in some states,employee protections and generally only provide employees can now hold marijuana registrycriminal protections. Some of these states have cards and use the substance if they suffer fromissued agency guidance or other relevant case law certain specified qualifying conditions such ason the topic.post-traumatic stress disorder (PTSD) or chronic pain. These laws are inconsistent and constantly1.Alaskachanging, including the degree of protections2.Hawaiioffered in the workplaceand an employer may3.Marylandhave a duty to accommodate off-duty use. It is important for employers to understand how4.Massachusettsemployee protections regarding marijuana can5.New Hampshirevary from state to state and whether or not they6.New Mexicohave a duty to accommodate. 7.VermontCurrently, legislation and litigation is pending8.Washington, D.C.in all the states with, or considering, medicalStates with explicit employee protectionsmarijuana legislation that could clarify the laws in those states. In general, however, employeeThe following eleven states have statutes protections in state marijuana laws currently fall States with no employee protections with explicit language (anti-discrimination or into four general categories: reasonable accommodation provisions) providing varying levels of employment protection. These In the following seven states, either thelaws generally prohibit adverse action against an medical marijuana statute explicitly providesemployee/applicant based on their status as a no protections, or the statute is silent and themedical marijuana cardholder or participation in state has case law that has found no employeea marijuana program. Most of these laws are very protection for off-duty use under each statesnew and need additional guidance; none have been tested in court. Some states, such as Arizona, 14 www.mrca.orgMidwest Roofer'