Tension Between Legal Marijuana Use And Employer Rights

By Jonathan Crotty and Sarah Douglas (October 25, 2017, 12:03 PM EDT) -- It is not uncommon for a state legislature to pass a new law that appears to conflict with other existing statutes. Often, courts are called upon to resolve what appear to be fundamental conflicts between the policy outcomes that result when both laws are simultaneously implemented. Across the U.S., these tensions have increasingly come into play with regard to legalized marijuana use. On the one hand, a state legislature legalizes (and taxes) marijuana for medical or recreational purposes. On the other hand, the state continues to tell employers that they can fire employees for legal use of this substance. This conflict...

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