b'Medical Marijuana Who, What, Why . . . Who does it apply to: Employers who subject employees to drugWhy do I care: This a topic that we are frequently asked about, testing.so we felt it was worth including. We wanted you to be able to reference this information, should the subject come up. But Is marijuana legal: Except in very narrow circumstances, no.we also wanted you to know that we are paying attention to The Compassionate Use Act, expanded in June 2021, permitsdevelopments in this shifting area of employment law and will the limited use and distribution of low-THC cannabis in Texasbe ready to answer your questions if and when the time comes only if prescribed by qualified physicians for the treatment offor Texas employers to make a change.illness or disease such as epilepsy, autism, multiple sclerosis, cancer, or post-traumatic stress disorder. If you have employees in other states, this is your reminder to check-in and make sure your policies regarding hiring, firing, Whatexceptionsarethere:InTexas,none.Anemployersand testing are in compliance with state law. ability to discipline or terminate an employee for off-duty drugCommon Situation:use is not restricted by the law, regardless of whether or not the employees use may be legal according to state law. Roland Blount works for your company, Hydroponics Shipping Supply, as a forklift driver. Because of his position, he is routinely Developing situation: The landscape of marijuana legalizationsubjectedtorandomdrugtests.Whenhismostrecenttest across the United States is rapidly changing. Currently, thirty- comes back with a positive for marijuana use, Roland shows sixstatesandhavelegalizedmedicaluseofcannabisandyou his prescription for medical marijuana and explains that he eighteenstateshavelegalizeditsrecreationaluse.Theonly uses it occasionally to treat the nerve damage that resulted Texas Compassionate Use Act legalized limited medical usefrom his chemotherapy treatments last month. He tells you that of marijuana in the state back in 2015. Since that time, thehe never uses while on the clock and no one has ever reported qualifying conditions for medical use have been expanded twiceseeing Roland under the influence. Nevertheless, the company and twenty-nine other states have legalized marijuana in somedrug policy is clear and Roland is terminated. Now, Roland is form for either recreational or medical use (or both). See thethreatening to sue and claiming you discriminated against his chart at the end of this section for a quick-reference on howdisability under the Americans with Disabilities Act (ADA). Does states are treating marijuana. he have a claim? AlthoughTexasiscurrentlymovingslowlyonthisissue,No. The Compassionate Use Act provides no protections to marijuana might be legalized at the federal level long before allemployeesusingmarijuanaevenifthatuseishappening of the states decide to pass the pipe. In the last presidentialaway from work and in compliance with the limited medical use election, 28 candidates running declared positions on cannabispermittedbylaw.Moreover,federallawoffersnoadditional reform and not one of them favored continued prohibition. In 2021protection. Although the ADA may protects those with conditions alone, there have been twelve pieces of proposed legislationmarijuana is used to treat, it does not protect those using drugs atthefederallevelaimedatdecriminalizing,descheduling,thatareillegalundertheControlledSubstances Actwhich researching, or legalizing marijuana.includes cannabis. But the term illegal use of drugs specifically excludestheuseofadrugtakenundersupervisionbya 79'