New Hampshire rules for cannabis as accommodation in the workplace

Cannabis use in the workplace is a complex issue with many layers. While some states may have cannabis programs in place, labor laws are another matter entirely. In a recent case, New Hampshire voted for a plaintiff who was suing a company that fired him for his medicinal cannabis use.

The plaintiff, Scott Paine, used cannabis as a prescription drug for his PTSD. Paine worked at Ride-Away and required regular drug testing. He requested an exemption from off-duty drug testing and never asked to use cannabis at work. Ride-Away refused Paine’s request and resigned his employment.

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Paine sued the company, claiming that it failed to address the treatment for his disability. Ride-Away claimed that since cannabis remains a controlled substance, they didn’t have to consider his treatment. Surprisingly, the court disagreed with Ride-Away; They said that while illicit drug use is not a protected disability, the law does not prohibit the treatment of medical conditions with cannabis.

New Hampshire’s decision is a small but significant step that sets a precedent for medical cannabis and its use in the workplace. While it does not argue that people can smoke at work, it does support the status of cannabis as medicine and will likely serve as a reference for a variety of off-duty workers using therapeutic cannabis who have encountered difficulties at work. It also emphasizes case-by-case assessment when dealing with situations involving medicinal cannabis use.

While Paine’s case is a good step forward, it still doesn’t provide clarification for medical cannabis and workplace drug testing, which doesn’t mean someone uses cannabis at work.

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Despite the fact that cannabis is gaining legal status in a number of states, employers can still adhere to their personal drug policies and terminate employees if they deem their cannabis use inappropriate. Even in legal states, cannabis remains a federally illegal drug, meaning that drug use in the workplace is a risk no matter how you look at it. A medical marijuana ID card can provide some protection and latitude, but courts will approach each case individually.