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Medical marijuana
A qualifying patient with a registry identification card shall not be subject to prosecution for the medical use of marijuana, providing that the amount possessed does not exceed established limits.
An authorized cardholder shall not be denied any right or privilege, including disciplinary action by a business or occupational or professional licensing board or bureau, for the possession of marijuana.
An employer may not refuse to employ or otherwise penalize a person solely based on an individual's status as a cardholder. There is a presumption that a cardholder is engaged in the medical use of marijuana if the cardholder has an identification card and possesses marijuana within legal limits.
An employer is not required to accommodate the use of medical marijuana in the workplace.
Court Case
Callaghan v. Darlington Fabrics Corp., No. P C-2014-5680, Superior Court of Rhode Island, May 23, 2017
The court ruled that it is discriminatory under Rhode Island law for an employer to refuse to hire a medical marijuana cardholder even if the person admits to not being able to pass the pre-employment drug test.
In this case, a company told an internship applicant that she would need to take a drug test before being hired. The applicant told the company she had a medical marijuana card, was currently using medical marijuana, and would test positive on the pre-employment drug screening. Later that day she was told that the company was not able to hire her. The company told the court it could not hire the applicant because:
- She put the corporation on notice that she was currently using marijuana,
- She would not stop using it while working there,
- She could not pass the required pre-employment drug test, and
- Because of her use of marijuana she could not comply with the company’s drug-free workplace policy.
However, the court said that denying an employee employment based on the fact that she could not pass a drug screening violated the state’s medical marijuana law. The state’s Hawkins-Slater Act provides that employers cannot refuse employment because of a person’s status as a medical marijuana cardholder and that a person should not be denied any right or privilege for the medical use of marijuana.
The court also ruled that the state’s medical marijuana law is not preempted by the federal Controlled Substances Act (CSA), which classifies marijuana as an illegal drug. The CSA is concerned with stopping illegal drug trafficking and use of controlled substances. The federal law does not state that it preempts medical marijuana or state discrimination acts, the court noted.
In addition, the court found that the state’s medical marijuana act does not require an employer to allow marijuana to be used on the work site. If an employee came to work under the influence an employer would not need to tolerate that behavior. However, under state law an employer may not refuse to employ a person because of an individual's status as a medical marijuana cardholder, and cannot deny the medical use of marijuana outside the workplace.
Recreational marijuana
Recreational marijuana is legal in Rhode Island under the Rhode Island Cannabis Act. Adults age 21 and over can purchase and possess up to one ounce of cannabis.
Employers are not required to accommodate the possession, use, or being under the influence of cannabis in the workplace or at any location while an employee is performing work. This includes remote work.
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 of a violation of workplace drug policy or because an individual was working while under the influence of cannabis.
While employees can be prohibited from working while under the influence of cannabis, the act does not define “under the influence.” It states, however, that individuals shall not be considered to be under the influence solely for having cannabis metabolites in their system. Because of this, a positive test for cannabis does not prove that an individual is under the influence of cannabis. Employers should note that Rhode Island’s drug testing law prohibits random drug testing.
Employers may enforce workplace drug policies prohibiting the possession, use, or being under the influence of cannabis in the workplace. An employer may not fire or take disciplinary action against an employee only for the employee’s private, lawful use of cannabis outside the workplace unless:
- The employee is working under the influence of cannabis,
- Use outside the workplace is prohibited by a collective bargaining agreement,
- The employer is a federal contractor or otherwise subject to federal law or regulations and failing to take action for off-duty use would cause the employer to lose a monetary or licensing related benefit,
- The employee is in a job or profession that is hazardous, dangerous, or essential to public welfare and safety.
If an employee’s job involves work that is hazardous, dangerous, or essential to public welfare and safety, an employer may adopt and enforce a policy prohibiting the use or consumption of cannabis within 24 hours before a scheduled work shift or assignment. Jobs that are hazardous, dangerous, or essential to public welfare or safety include, but are not limited to:
- Operation of an aircraft, watercraft, heavy equipment, heavy machinery, commercial vehicles, school buses or public transportation,
- Use of explosives,
- Public safety first responder jobs, and
- Emergency and surgical medical personnel.
Insurance coverage
Health insurers and workers’ compensation insurance carriers are not required to reimburse patients for costs associated with medical use of cannabis.
Background checks
An employer may not require an employee to disclose sealed or expunged offenses, unless otherwise required by law.
State
Contact
Department of Health, www.health.ri.gov/healthcare/medicalmarijuana/
Regulations
Rhode Island General Laws, Title 21, Chapter 21-28.6 The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act Rules and Regulations Related to the Medical Marijuana Program, R21-28.6-MMP, https://roar-assets-auto.rbl.ms/documents/14615/5923.pdf