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Started Dec 20 2012, 16:16

Posts: 1473

Dec 20 2012, 16:16
The law concerning medical marijuana and the Americans with Disabilities Act is unsettled. In a 2012 case, James v the City of Costa Mesa, the Ninth Circuit ruled with respect to Title II of the ADA (concerning discrimination in the provision of public services) that the Act does not protect individuals who claim discrimination based on their medical use of marijuana. The court reasoned that the ADA defines “illegal drug use” by reference to federal rather than state law and individuals who used medicinal marijuana violated federal law, thus falling within the ADA’s illegal drug exclusion. It remains unclear how federal courts will handle medical exams and inquiries concerning medicinal marijuana. Generally, the ADA prohibits medical inquiries of employees that can disclose a disability or the nature or severity of a disability unless job-related and consistent with business necessity.

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Nafiul

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