Question: Our state has recently adopted a medical marijuana law. Does the ADA require that employers permit employees with disabilities to have marijuana at work as a reasonable accommodation?
Answer: Probably not. Because marijuana remains illegal under federal law, the ADA does not protect medical marijuana users. Plus the ADA explicitly states that employers can require that employees behave in conformity with the Drug-Free Workplace Act. Of course this is an evolving area of law. To complicate matters, many states have laws similar to the ADA and some of those state laws do protect medical marijuana users. That doesn't necessarily mean that an employer has to permit an employee with a disability to bring marijuana to work, only that the person might be protected from discrimination under the state law. As more states adopt medical marijuana and with a new federal administration, we'll be looking for any shifts in state and ADA requirements.