“I have a zero tolerance policy for drugs and alcohol in my company. However, an employee just presented me with his medical marijuana card and told me it’s legal for him to smoke any time now. Am I forced to allow this?”
My HR Survival Tip
It is true that having a medical marijuana card allows people to legally smoke grass. However, having that card only goes so far. If having your employee smoking or stoned while working goes against your company policy, you are free to enforce your policy.
Marijuana is still an illegal drug under federal law and California’s Compassionate Use Act did not give marijuana the same legal status as other legal prescription drugs… it only protected the user from criminal prosecution. Therefore, the employee is not protected by the American Disabilities Act, the Americans with Disabilities Act Amendments Act of 2008 or California’s Fair Employment and Housing Act (FEHA).
Make sure he understands that he cannot smoke at any time while working or come to work under the influence of the drug, in accordance with your policy. This would be best presented in writing and have him sign the document.
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