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Summary of differences between federal and state regulations
Medical marijuana
Missouri's Constitution allows qualifying patients to use medical marijuana and prohibits employers from discriminating against those who use medical marijuana.
There are exceptions to the discrimination provisions for employees in safety-sensitive positions. Employers are also exempt from the law if following it would cause them to lose a federal contract or grant.
Employers can:
- Prohibit marijuana in the workplace and on the employer’s property,
- Prohibit employees from being under the influence of medical marijuana in the workplace and during work hours,
- Take a negative action (including not hiring, disciplining, or terminating an individual) for use of marijuana at work.
Protections for medical marijuana users
Unless failing to do so would cause an employer to lose a monetary or licensing-related benefit under federal law, an employer may not discriminate against a person in hiring, termination or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon:
- The person's status as a qualifying patient or primary caregiver who has a valid identification card. This includes the person's legal use of a lawful marijuana product off the employer's premises during nonworking hours, unless the person was under the influence of medical marijuana on the premises of the place of employment or during the hours of employment; or
- A positive drug test for marijuana components or metabolites of a person who has a valid qualifying patient identification card, unless the person used, possessed, or was under the influence of medical marijuana on the premises of the place of employment or during the hours of employment.
The law does not apply to an employee in a position in which legal use of a lawful marijuana product conflicts with a bona fide occupational qualification that is reasonably related to the person's employment.
Safety-sensitive exemption
Employees are not covered by the anti-discrimination provisions if legal use of marijuana impacts the safety of others or conflicts with a bona fide occupational qualification. In addition, they are not covered if the legal use of marijuana impacts their ability to perform job-related responsibilities.
Federal contractor considerations
The anti-discrimination protections do not apply if they would cause an employer to lose a monetary or licensing-related benefit under federal law. An employer should review federal contracts and federal funding requirements to determine whether they include a marijuana testing requirement or would otherwise impact an employer’s requirement to comply with the law’s anti-discrimination protections.
If compliance with the state’s medical marijuana law would cause a business to lose the contract or funding, an employer would not be required to comply with the law’s protections for medical marijuana users. The employer could decide not to hire, to terminate, or take another negative action against an individual because of off-duty medical marijuana use or a positive test for marijuana.
Lawsuit limits
The Missouri medical marijuana law limits an employee’s ability to sue an employer if the employee is discharged or discriminated against for using medical marijuana.
An employee may not bring a claim against an employer for disciplining, firing, or discriminating against an employee for working or attempting to work while under the influence of marijuana. Specifically, the law states that an employee may not bring a claim against an employer for “wrongful discharge, discrimination, or any similar cause of action or remedy, based on the employer, former employer, or prospective employer prohibiting the employee, former employee, or prospective employee from being under the influence of marijuana while at work or disciplining the employee or former employee, up to and including termination from employment, for working or attempting to work while under the influence of marijuana.”
The amendment does not define “under the influence." Because of this, an employer should exercise caution when taking adverse action for a positive drug test if the test is not for reasonable suspicion of drug use and the employee has a medical marijuana card.
Additional prohibitions
Marijuana use is not allowed in public, and it is illegal to drive while under the influence of marijuana.
A person may not operate a dangerous device when under the influence of the drug.
Recreational marijuana
Individuals age 21 and older can possess three ounces or less of dried, unprocessed marijuana, or its equivalent. They can possess, transport or plant six flowering plants, six non flowering plants, and six clones.
Employers can:
- Prohibit the use of marijuana in the workplace and on the employer’s property.
- Prohibit an employee from working while under the influence of marijuana.
- Prohibit marijuana use by persons under age 21.
- Take a negative employment action against an employee for working while under the influence of marijuana.
An employer may refuse to hire, discharge, discipline, or otherwise take an adverse employment action against a person with respect to hiring, tenure, terms, conditions, or privileges of employment because that person was working while under the influence of marijuana.
The law does not define “under the influence," however. Because of this, an employer should exercise caution when taking adverse action based only on a positive drug test for marijuana.
Additional prohibitions
Consumption of marijuana is prohibited while an individual is operating a motor vehicle. An individual cannot operate a motor vehicle, or another motorized form of transport, while under the influence of marijuana.
Individuals cannot smoke marijuana in an area where smoking tobacco is prohibited.