New Hampshire Rules For Cannabis As A Workplace Accommodation

Cannabis use in the place of work is a sophisticated challenge with a lot of layers. When some states may possibly have cannabis applications in location, workplace rules are a distinct matter completely. In a current case, New Hampshire voted in favor of a plaintiff, who sued a organization that fired him for his healthcare hashish use.

The plaintiff, Scott Paine, applied cannabis as prescription treatment for his PTSD. Paine labored at Ride-Absent, and had to be examined for medicine frequently. He requested an exemption of drug checks when off-duty, under no circumstances inquiring to take in hashish on the job. Trip-Away denied Paine’s request and terminated his employment.

Relevant: Will Colorado Personnel Be Permitted To Gentle Up Medical Weed On The Task?

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Paine sued the corporation, claiming that they failed to accommodate the treatment of his disability. Experience-Absent claimed that they did not require to accommodate his therapy since cannabis stays a managed compound. Shockingly, the court docket disagreed with Trip-Absent they stated that when unlawful drug use is not a secured disability, the regulation does not reduce the remedy of conditions with cannabis.

New Hampshire’s conclusion is a little action, but a significant a single, environment precedent for medicinal cannabis and its use in the work position. Even though it does not argue that individuals can smoke on the job, it supports cannabis’ standing as drugs and will probably be made use of as reference for a wide variety of workers who use therapeutic hashish when off responsibility and have identified themselves in difficulties at their work opportunities. It also puts an emphasis on a situation by case overview when it comes to cases that include medicinal cannabis use.

When Paine’s circumstance is a excellent action ahead, it nonetheless does not supply any clarification for professional medical cannabis and drug screening in the perform position, which does not imply that someone is making use of hashish while on the occupation.

Related: What To Know About Weed In The Workplace In 2022

In spite of the point that cannabis is earning authorized status in a selection of states, companies can even now stick to their particular drug insurance policies, terminating workers if they take into account their hashish use inappropriate. Even in authorized states, hashish remains a federally illegal drug, meaning that drug use in the function put is a possibility, no make any difference which way you glimpse at it. A health care cannabis card could present some defense and leeway, but courts will solution each situation on an particular person foundation.