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The EEOC Has Not Published Guidance on Employee Use of Recreational or Medical Marijuana

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By Adair Smith

Cincinnati Employment Newsletter
December 13, 2018

The EEOC has not published new guidance on recreational or medical marijuana laws. It continues to allow employers to discipline or terminate employees for marijuana use since it is illegal under federal law. This presents a problem for employers whose employees are subject to drug testing and use medical marijuana or addiction medication, such as Suboxone. We expect that as more states legalize medicinal marijuana, the EEOC will issue guidance to employers.