Impact on Businesses

  • “Medical” marijuana cardholders will be provided extra protections not offered to other employees.  Employers will not be able to discriminate against a “cardholder.”  In fact, because the confidentiality of cardholders is protected, an employer may not ask about marijuana use.  Employers will not be able to deny employment, terminate or discipline an employee who is a cardholder, even if it is a drug-free workplace, unless the cardholder used, possessed or was impaired by marijuana on the employment premises or during hours of employment.
  • There is no definition of impairment within a work context.  The presence of metabolites in the system does not prove impairment.
  • Workers could face increased exposure to injuries in the workplace and employers could face increased exposure to liability for employees operating a company vehicle or machinery while impaired and injuring or damaging the property of others.
  • Landlords may not refuse to rent to marijuana cardholders except under limited circumstances.  A marijuana cardholder who lives more than 25 miles from a dispensary is permitted to grow his own marijuana.  Homes can become hazardous waste dumps as a result of “indoor grow houses” – mold, fungicides, pesticides, acids and bases – raising cleanup and real estate disclosure issues.