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Medical Marijuana Use Not Protected Under the ADA

If an employee can certify that he or she is smoking pot with a doctor’s approval and for a legitimate medical condition does the ADA prevent the employer from taking action against the employee for current use of drugs? Must the employer reasonably accommodate the drug use? The answer to these questions is “no”, at least according to the Ninth Circuit in James v. City of Costa Mesa.  For a fuller discussion of this case check out Up in smoke: Hopes of ADA protection for medical marijuana use are dashed . . . for now, anyway on the  Employment and Labor Insider blog.  Also, remember to check your state and local laws also as this opinion answers the question only under the ADA.