Nevada’s residents have a constitutional right to use medicinal marijuana if they are prescribed the medicine by their doctor and obtain a state patient ID card. However, can a patient lose their job for using the medicine that is prescribed by his or her doctor?
Nevada’s current medical marijuana law does not require employers to make any accommodations for state licensed medical marijuana users. In other words, you CAN lose your job for using medical marijuana. Yes, you CAN lose your job even if you are a state card holder.
Under SB 374, the new medical marijuana law, an employer …
“must attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not: (a) Pose a threat of harm or danger to persons or property or impose an undue hardship on the employer; or (b) Prohibit the employee from fulfilling any and all of his or her job responsibilities.”
This section of the bill takes effect on April 1, 2014. At that time an employer will need to provide “reasonable accommodations” to a medical marijuana patient with a valid registry card.
However, one thing to keep in mind is, Nevada is an at-will state. Therefore, an employer can terminate an employee at any time with or without cause. Therefore, the employer could terminate an employee without giving a reason. Most likely cases like these will end up in litigation to determine if the employer was required to make accommodations and to define what “reasonable accommodations are” but until April 1, 2014, no accommodations are required. And after, an employer could terminate the employee due to Nevada being an at will state.
So the cold hard truth is, most likely, yes a medical marijuana patient can lose his or her job for using his or her medicine.
If you have questions about Nevada’s Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation. You may contact the firm through email at firstname.lastname@example.org or by phone at or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.