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Summary of differences between federal and state regulations
Medical marijuana
Qualified users are exempt from state law from criminal penalties for the therapeutic use of cannabis when the use is in compliance with the law. Users may not possess or be under the influence of medical marijuana in the workplace without written permission of the employer. Employers are not required to accommodate the use of medical marijuana and may discipline an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.
Court case
The state Supreme Court ruled in 2022 that an employer may need to consider medical marijuana use as a reasonable accommodation.
In this case, the employee worked as an automotive detailer and used medical cannabis to treat post-traumatic stress disorder (PTSD). He asked his employer for an exemption from its drug testing policy as a reasonable accommodation for his disability. He did not ask to use cannabis during work hours or have cannabis on work premises.
After the employee let the employer know that he was going to use cannabis to treat PTSD, the employee was fired. He sued for employment discrimination, based on the employer’s failure to make a reasonable accommodation for his disability.
The employer argued that because marijuana is illegal under federal law, the requested accommodation was unreasonable. The employer also argued that illegal drug use is not protected under the state's anti-discrimination statute.
The court ruled, however, that medical marijuana may be a reasonable accommodation for an employee’s disability under state law. Whether accommodation is legally required should be decided on a case-by-case basis, depending on the facts of the case.
(Scott Paine vs. Ride-Away, Inc., January 14, 2022)
Recreational marijuana
New Hampshire does not have any laws legalizing recreational marijuana.
State
Contact
Department of Health and Human Services
Regulations
New Hampshire Statutes, Title X, Chapter 126-X, Use of Cannabis for Therapeutic Purposes
Administrative Rules, Chapter He-C 400, Therapeutic Cannabis Program