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Summary of differences between federal and state regulations
Medical marijuana
Under Alabama’s medical marijuana law, the Darren Wesley “Ato” Hall Compassion Act, qualifying patients can possess up to 70 daily dosages of medical cannabis. The law includes a number of protections for employers. Physicians must have patients sign a form advising them that using medical cannabis could result in termination from employment without recourse and that costs may not be covered by insurance or government programs.
The law does not allow individuals to undertake any task when under the influence of medical marijuana when doing so would constitute negligence, professional malpractice, professional misconduct, or violation of the law.
Qualifying conditions: Medical cannabis can be used to treat qualifying medical conditions, including autism spectrum disorder, cancer-related nausea, Crohn’s disease, depression, Parkinson’s disease, post traumatic stress disorder, and chronic pain.
Ingestion: Medical cannabis cannot be smoked, vaped, or consumed in a food product that has medical cannabis baked, mixed, or otherwise infused into it (such as cookies or candies). The following medical marijuana products are allowed:
- Oral tablet, capsule, or tincture
- Non-sugarcoated gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape
- Gel, oil, cream, or other topical preparation
- Suppository
- Transdermal patch
- Nebulizer
- Liquid or oil for administration using an inhaler
Protections for employers
No accommodations: Employers are not required to permit, accommodate, or allow the use of medical cannabis. Employers are not required to modify any job or working conditions for an employee who uses medical marijuana.
Negative employment action: Employers may refuse to hire, discharge, discipline, or take another adverse employment action against an individual who uses medical marijuana. An employer can take an adverse employment action with respect to hiring, discharging, tenure, terms, conditions, or privileges of employment as a result of an individual’s use of medical cannabis (regardless of whether or not an individual is impaired due to the use of medical cannabis).
Drug testing policy: An employer may adopt and enforce a drug testing policy that prohibits the use of medical marijuana in the workplace and can implement a drug-free workplace program under Alabama’s Workers' Compensation Premium Discount Act.
Notification: An employer can adopt an employment policy requiring employees to notify the employer if the employee possesses a medical marijuana card.
Insurance: An insurer or health benefit plan is not required to pay for costs associated with the use of medical cannabis.
Federal regulations: Employers required to follow federal Department of Transportation regulations can continue to follow any federal regulations restricting employment for employees who use marijuana. The law does not interfere with, impair, or impede any federal restrictions on employment, including regulations adopted by the DOT.
No legal action: Employees do not have the right to take legal action against an employer for refusing to hire, discharging, disciplining, or otherwise taking adverse employment action against an individual with respect to hiring, discharging, tenure, terms, conditions, or privileges of employment because of the individual’s use of medical cannabis.
Workers’ compensation discount program: The law does not alter the workers’ compensation premium discount available to employers who establish a drug-free workplace policy under the program.
Workers’ compensation: Payment of workers’ compensation benefits can be denied to an employee on the basis of a positive drug test or refusal to submit to or cooperate with a drug test.
Unemployment insurance: An individual discharged because of use of medical cannabis, or refusal to take a drug test, is presumed to have been discharged for misconduct if the other conditions are met.
Recreational marijuana
Alabama has no state laws regulating recreational marijuana.