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Protecting Medical Marijuana Users In The Workplace, Kathleen Harvey

Case Western Reserve Law Review

Part I of this Note gives a brief history of marijuana regulation in the United States. Part II describes how drug testing works and why employers do it. And it presents some of the issues that the federal prohibition poses for employers and employees. Part III analyzes state court opinions that have addressed the question of whether employers may fire employees for off-site medical marijuana use that does not impair work performance. Every court thus far has ruled in favor of the employer, but some of the opinions and dissents acknowledge that the legislatures could amend their states’ statutes to …