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Summary of differences between federal and state regulations
Medical marijuana
A person meeting requirements of the law is protected from state prosecution and penalties for medical use of marijuana. There should be no punishment under state law for qualifying patients for medical use under the law. Employers are not required to accommodate on-site medical marijuana use at work.
Court Case
Barbuto v. Advantage Sales and Marketing, LLC, Supreme Judicial Court of Massachusetts, SJC-12226, July 17, 2017
The court found that an employee who has been fired for using medical marijuana, and who has not used the drug before or during work, can sue an employer for discrimination under the Massachusetts Fair Employment Practices Act.
In this case, an applicant accepted a job offer with a marketing company and was told she would have to take a drug test. She told a company representative that she would test positive for marijuana because she took medical marijuana. She had a recommendation from her physician and used it in the evening, not at work. She took the test, tested positive, and was fired after completing her first day of work.
She sued, and the court ruled that the employer had an obligation to participate in the interactive process with the employee before terminating her employment.
Recreational marijuana
A person over age 21 may use and possess a limited amount of marijuana. An employer is not required to permit or accommodate marijuana use in the workplace. Employers may enact and enforce workplace policies restricting the consumption of marijuana by employees.
State
Contact
Health and Human Services, http://www.mass.gov/eohhs/gov/departments/dph/programs/hcq/medical-marijuana/
Regulations
Implementation of an Act for the Humanitarian Medical Use of Marijuana, 105 CMR 725.000, https://roar-assets-auto.rbl.ms/documents/14833/105cmr725.pdf
An Act for the Humanitarian Medical Use of Marijuana, Acts 2012, Chapter 369, https://malegislature.gov/Laws/SessionLaws/Acts/2012/Chapter369
Regulation and Taxation of Marijuana Act