Accommodating the medical use of marijuana
The court explained that the plain language of the statute authorizes only drugs prescribed by healthcare professionals when those drugs are not explicitly banned by the CSA.
While doctor-prescribed marijuana use is still considered an illegal use of drugs that is not covered by the ADA, that may not be the case under all state discrimination statutes.
Marijuana use, its manufacture, and legalization in the United States have become a fiery issue.
In other words, the use of medical marijuana can be essential to an employee’s ability to perform his or her job and may be the only workable accommodation for the employee. Although the Ninth Circuit Court of Appeals recognized that the plaintiffs were “gravely ill” and that California has embraced marijuana as an effective treatment for individuals with debilitating pain, the court held that the ADA does not protect the use of medical marijuana.
However, Section 12114(a) of the ADA, states that “a qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs.” The ADA defines the phrase “illegal use of drugs” as the use of drugs that are unlawful under the CSA, excluding the use of drugs taken under supervision by a licensed healthcare professional or other uses authorized by the CSA or other provisions of federal law (42 U. Notably, the court refused to find that Section 12210(d) creates an exception for medical marijuana use when it is supervised by a licensed healthcare professional.
It is unclear what impact this new policy will have on state efforts to legalize marijuana, but the immediate results suggest that little will change.
Just hours after Sessions issued the new memo, the Vermont House of Representatives voted in favor of the full legalization of recreational marijuana use.
The federal government has classified them as illegal drugs due to the high potential for abuse and the lack of safety for use in medical treatment.