Massachusetts Medical Marijuana and the Workplace

Now that medical marijuana is legal in Massachusetts, can employees spark up before work or on their lunch breaks without fear of reprimand from their bosses?

That’s one of many questions being fielded by insurance companies and labor lawyers, approximately five months after Massachusetts voters approved the use of medical marijuana by patients who receive a doctor’s recommendation to use the substance to treat debilitating medical conditions.

“Employers still have a fair amount of latitude,” said Jonathan Sigel, a Westborough labor lawyer. “What’s clear is you don’t get a free pass to use it at work or possess it at work. Period.”

However, Sigel said, the law is less clear on what an employer should do when a current or prospective employee fails a drug test but has a doctor’s recommendation to use medical marijuana.

The state Department of Public Health on March 29 issued draft regulations for patients to obtain and use marijuana. While the regulations are being finalized, a written recommendation from a physician acts as a medical marijuana registration card, and qualifying patients may be allowed to grow a limited supply for their own use.

– Read the entire article at Boston Globe.

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