What Employers Need to Know About the Mississippi Medical Cannabis Act

Governor Reeves signed the Mississippi Medical Cannabis Act into law on Feb. 2. It took effect upon signing. In this article, we break down what the act means for employers.

First, employers will be happy to know that the act offers protections for them and keeps many of their current rights in place. The act in no way alters the employment relationship status. This means that the at-will status of employees is maintained.

The act also contains other protections for employers. It does not:

• • Require any employer to permit, accommodate or allow the use of medical cannabis, or to modify the job or working conditions of any employee who uses medical cannabis
  • Stop any employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against someone as a result of their use of medical cannabis
  • Ban or limit an employer’s ability to create or enforce a drug-testing policy
  • Provide a private right of action for any employee to sue an employer for taking an adverse employment action due to use of medical cannabis
  • Affect the workers’ compensation premium discount for employers with a drug-free workplace program
  • Change an employer’s right to deny or put forth legal defenses to the payment of workers’ compensation benefits to an employee on the basis of a positive drug test or refusal to submit to or cooperate with a drug test

While state law protects employers from suit, they should also look at federal laws such as the ADA and FMLA before making employment decisions. Under federal law, marijuana remains illegal, whether used for medical or recreational purposes. This means employees are not protected based on their use of medical marijuana. But issues may arise under the ADA and FMLA based on the underlying medical condition for which the medical marijuana is prescribed. These issues will generally need to be considered on a case-by-case basis.

Employers also need to think about updating their employment policies to account for medical marijuana. Before doing so, the employer will need to decide whether and to what extent it wishes to regulate medical marijuana use. Some questions employers should consider include whether to:

• • Maintain a zero-tolerance policy
  • Allow medical marijuana use outside of work as long as the employee is not intoxicated while on duty
  • Regulate job-specific use
  • Maintain random drug testing or implement a reasonable suspicion drug-testing policy

Please contact Mallory Bland or any member of Phelps Labor and Employment team if you have questions or need compliance advice or guidance.