Although marijuana remains a federally controlled substance, numerous states, such as Illinois, have legalized the use of recreational and/or medical marijuana. While employers are not required to forgo their drug-free workplace policies in these states, they may receive requests from employees or applicants to accommodate their use of medical marijuana outside the workplace to treat a disability. Employers should consult counsel when determining how to proceed, as each case requires an individualized analysis.
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Marijuana Accommodations: Proceed with Caution
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