With Washington state and Colorado legalizing recreational marijuana, more than two dozen states permit the consumption of this once-taboo product. In 2013, Connecticut joined this group by adopting the Medical Marijuana Act, Connecticut General Statutes §21a-408 et seq. Connecticut employers inevitably will face litigation as medical marijuana use collides with substance abuse and employment policies. MMA discrimination cases will challenge the legal community and force litigants to address thorny legal issues.
The MMA strictly regulates the production, sale and use of medical marijuana. The act also creates a new “protected class” of medical marijuana users, and a statutory defense to their employment discrimination claims. Section 21a-408p(b) provides: “No employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person’s or employee’s status as a qualifying patient or primary caregiver. Nothing in this subdivision shall restrict an employer’s ability to prohibit the use of intoxicating substances during work hours or restrict an employer’s ability to discipline an employee for being under the influence of intoxicating substances during work hours.”
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