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Marijuana Legalization vs. Employee Drug Tests

By Marlisse Silver Sweeney

As marijuana laws change throughout the country (on July 5, New York became the 21st state, along with the District of Columbia, to legalize pot's use for certain medical conditions), how should employers handle positive drug tests? In a recent blog post, Jordan Schwartz of Epstein Becker & Green weighs in on the issue.

“Courts have generally upheld employers' right to discipline employees, including terminating their employment, when the employees' marijuana use violates drug-free workplace policies,” says Schwartz. However, he notes that certain states such as Arizona, Delaware and Connecticut prohibit employers from firing or not hiring someone based on a positive drug test.

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