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No adverse action, including follow-up testing, may be taken by the employer if the employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by the illegal use of controlled substances or by alcohol consumption. If the employee presents a reasonable explanation or medical opinion, the test results must be removed from the employee’s record and destroyed.
An employer may include in any contract a provision prohibiting the use of medical marijuana for a debilitating medical condition.
No cause of action
The law does not permit a cause of action against an employer for wrongful discharge or discrimination.
Additional rights
Other general employee and employee rights with regard to marijuana use are part of the state’s marijuana law.
Workers’ compensation benefits
Medical marijuana users who fail a workplace drug test are eligible for workers’ compensation benefits.
Under state law, an individual who fails or refuses to take a drug test in violation of an employer’s written workplace drug policy is disqualified from workers’ compensation benefits. However, there is an exception for medical marijuana users.
Marijuana is a lawful product under Montana state law. An employer may not discriminate against an employee who legally uses marijuana when off-duty and away from the employer’s premises.
Employer protections
Under Montana law, an employer may:
A nonprofit organization that has a primary purpose or objective of discouraging the use of marijuana may take an adverse action against an employee who uses marijuana when off-duty.
An employer may take action based on the belief that the actions are permissible under an established substance abuse or alcohol program or policy, professional contract, or collective bargaining agreement.
The state’s marijuana law does not permit:
Medical opinion
No adverse action, including follow-up testing, may be taken by the employer if the employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by the illegal use of controlled substances or by alcohol consumption. If the employee presents a reasonable explanation or medical opinion, the test results must be removed from the employee’s record and destroyed.
No cause of action
The law does not permit a cause of action against an employer for wrongful discharge or discrimination.
Contact
Department of Public Health and Human Services, Montana Marijuana Program, http://dphhs.mt.gov/marijuana
Regulations
Montana Marijuana Act, Montana Code Annotated 50-46-301 to 50-46-344, http://leg.mt.gov/bills/mca_toc/50_46_3.htm