A DRUG FREE WORKPLACE CAN ACTUALLY NOW GET YOU IN TROUBLE

Well pass the dutchie on the left hand side.  A US District Court has ruled, and awarded damages, in a case where a federal contractor refused to hire an admitted medical marijuana user.  How is a federal contractor supposed stay compliant these days?  The U.S. District Court for the District of Connecticut ruled in Noffsinger v. SSC Niantic Operating Co. that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses medical marijuana.  Even though the company argued that the Connecticut state law allowed such “discrimination” if it “is required by federal law or required to obtain federal funding,” the Court  held that the statute said nothing about being able to conduct drug testing or employee use of marijuana during off hours spent away from company premises.   This could considerably muddy the waters for federal contractors, given that several states have more comprehensive marijuana legalization laws.  If marijuana use can’t be discriminated against in circumstances where it is legal, how does a contractor certify that it is in compliance with the federal Drug Free Workplace Act, a clause that is currently in almost all government contracts? Will your company be liable, as well, for an error or accident that takes place on a government worksite because an employee had used marijuana at home before coming to work?  Contractors may want to check with qualified contract attorneys to ensure that being “420 Friendly” doesn’t forfeit their ability to work on a federal project