In response to your classmates' posts, identify one or two stated or unstated assumptions of the post with which you agree or disagree and provide specific examples justifying your position.

The legalization of marijuana creates issues for employers. Some states have legalized marijuana both medicinally and recreationally while other states legalized marijuana medically or not at all. The tricky part is that marijuana is still federally illegal (Marijuana Policy Project. (n.d.).). Just how employees are not allowed to drink alcohol on duty, employees are not allowed to smoke marijuana on duty. Depending on the job, being under the influence can cause detrimental damage. unlike alcohol, marijuana laws in states that have legalized recreational use expressly state that the laws do not protect employer's right to terminate for marijuana use (Clements, 2016). Even for medicinal use, laws do not expressly protect those employees that use marijuana that is prescribed. The Americans with Disabilities Act was put into effect to protect employees with disabilities from being discriminated against. If marijuana was federally legal the ADA will protect the employees that are using marijuana for medicinal purposes. Since it is still federally illegal, even a prescription will not protect employees.

In the case of Brandon Coats and Dish Network, Brandon is not protected or can claim "lawful activities" as now, and at the time of his termination, marijuana is federally illegal (McAdams et al., 2022). Dish Network had legal grounds on the termination. Private Employers have the right to maintain a drug free work environment if they choose to enforce marijuana being federally illegal but legal in the state. If a person is a federal employee, such as mail person, IRS agent, office clerk, or firefighter, it does not matter which state they reside in as federal law will supersede state law. Until marijuana becomes federally legal there will always be this ambiguity around lawful and unlawful. Most employers will side with the federal government on marijuana being illegal to protect them from any liability.

Marijuana Policy Project. (n.d.). Federal Policy. MPP. Retrieved August 31, 2023, from https://www.mpp.org/policy/federal/#:~:text=Current%20cannabis%20laws%20in%20the,little%20to%20no%20medical%20benefit

Clements, S. (2016, December 15). Can I Be Fired From My Job for Off-Duty Marijuana Use? | Nolo. Www.Nolo.Com; Nolo. https://www.nolo.com/legal-encyclopedia/off-duty-marijuana-can-fired-smoking-pot-legally.html

McAdams, T., Zucker, K. D., Neslund, N., & Smoker, K. (2022).Law, business, and Society. McGraw-Hill Education.

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