One of the more controversial topics today is marijuana and how it affects the workforce. In Alabama, medical marijuana became legal in 2021 with the passage of SB 46 (Title 20-2A-1, Darren Wesley “Ato” Hall Compassion Act), which opened the door to discussions regarding employment drug policies.
Currently, Alabama has permitted the use of tablets, capsules, gels, liquids, and oils for use in an inhaler, and a few more products. However, raw plant material, smoke or vape products, and food products containing marijuana are still prohibited.
As additional states have implemented medical marijuana initiatives, they have adopted different strategies for providing participants with job safeguards. The new law in Alabama makes it plain that those who use medical marijuana have no further legal recourse or rights in the context of work.
To that end, one of the law’s stated purposes is to “balance the needs of employers to have a strong functioning workforce with the needs of employees who will genuinely benefit from using cannabis for a medical use in a manner that makes the employee a productive employee.”
As part of their drug-free workplace policy, employers may still forbid marijuana usage. According to the new Alabama laws, there are several important clauses, which include:
- Policies on drug testing and drug-free workplaces. Employers in Alabama are still able to set up and implement drug-free workplace guidelines and drug testing programs. Employers who prohibit medicinal marijuana usage may refuse to employ, fire, reprimand, or take other negative action against those who use the drug, even if they are not impaired by it.
- Notification of cardholder status. Employers have the authority to demand that workers disclose to them whether they own a medical cannabis card.
- Provisions for medical cannabis users. Employers are not obligated to change job requirements or working circumstances for employees who use medical marijuana, nor are they compelled to authorize, accommodate, or allow the use of medical marijuana.
- Connection to DOT and additional federal laws. The law expressly declares that it does not contravene, obstruct, or interfere with any federal employment restrictions, including but not restricted to those imposed by the rules of the U.S. Department of Transportation.
- Absence of private right of action. The legislation clearly indicates that it does not provide a private cause of action for people to sue an employer for whatever actions the business takes because of a worker’s usage of medical marijuana.
- Relationship between unemployment benefits and workers’ compensation. According to the Alabama Workers’ Compensation Act, the law expressly states that companies that uphold drug-free workplace standards may continue to obtain premium savings for workers’ compensation. Moreover, employers have the right to keep rejecting applications for workers’ compensation benefits or to create legal barriers to their payment if an employee tests positive for drugs or refuses to submit to or assist with a drug test. Lastly, the law stipulates that, if certain requirements are met, an individual who is fired from their job due to their use of medical marijuana or their refusal to submit to or assist with a drug test will be “legally conclusively presumed to have been discharged for misconduct” for the purposes of unemployment benefits.
Importantly, while this bill was passed in 2021, it has not been nearly as smooth as most would expect. Dispensary licenses have been hard to obtain, and it is still an ongoing battle in state court.
On July 3, 2024, Montgomery Circuit Judge James Anderson issued a temporary restraining order that blocked the issuance of the five integrated licenses that were given due to them “posing serious questions” as it related to the third round of awards. These issues have led to the entire program being stalled while these disputes play out in court.
The commission that controls this process has attempted to give licenses and awards on three different occasions, but the main reason all three attempts have been unsuccessful is the failure to follow the Alabama Administrative Procedures Act.
Key takeaways for Alabama workers about marijuana use
After looking further into this topic, some key takeaways can include:
- Always be sure to speak with upper management at your workplace regarding your specific situation and whether you can be terminated if you are using medical marijuana legally.
- This issue is always changing; the circumstances today could be different tomorrow.
- The law is complex, and understanding the new regulations surrounding medical marijuana is important.
- Workers’ compensation does not support drug usage in any form, so understanding their stance is important in the unforeseen circumstance that something happens while at work.
Navigating the complexities of Alabama’s medical marijuana laws and understanding how they intersect with workers’ compensation can be challenging, especially as regulations continue to evolve. If you’ve been injured at work or face issues related to medical marijuana and your employment, it’s crucial to seek legal guidance.