Will NY Employees Be Protected from MMJ Firing?

New York’s Compassionate Care Act contains a provision that appears to protect certified medical marijuana patients from enforcement of zero tolerance drug policies in the workplace. The law was widely criticized when it was enacted in July 2014 because it covered so few conditions and specified vaporization as the only legal means of ingestion. The provision extending disability discrimination protection to medical marijuana users flew under the radar in early analyses.

If Brandon Coats, the quadriplegic who was fired solely because of off-duty legal medical marijuana use at his home in Colorado, had lived and worked in New York, would his job have been protected? Perhaps so.

For all the criticism it initially attracted, New York’s Compassionate Care Act may serve as a...

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