Applies to: All Employers with MS Employees
Effective: February 2, 2022
Mississippi recently enacted the “Mississippi Medical Cannabis Act.” The Act authorizes the use of medical cannabis to treat certain medical conditions, including cancer, Alzheimer’s disease, and autism. Despite the Act’s new permissions, employers still have a lot of latitude in disciplining employees for drug use and implementing and enforcing drug testing policies.
Specifically, the Act does not require employers to permit or accommodate the use of medical cannabis or to modify the job or working conditions of any employee that uses medical cannabis. Employers are still permitted to implement and enforce drug testing policies, including disciplining, terminating, or refusing to hire an employee who uses medical cannabis. The Act also prohibits smoking or vaping medical cannabis in a public place or while operating a motor vehicle, and operating a motor vehicle while under the influence of medical cannabis.
The Act denies an individual the right to file a legal action against an employer for an adverse employment action taken because of their use of medical cannabis, and bars workers’ compensation claims for the costs related to the medical use of cannabis. Employers are also allowed to continue to use legal defenses against workers’ compensation claims because of a positive drug test or refusal to submit or cooperate with a drug test.
Action Items
- Review SB 2095 here.
- Have appropriate personnel trained on managing disability accommodations.
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