It’s likely to be a challenging issue for HR managers.¹²⁵ “It” is the use of medical marijuana by employees. Seventeen states and the District of Columbia have laws or constitutional amendments that allow patients with certain medical conditions such as cancer, glaucoma, or chronic pain to use marijuana without fear of being prosecuted. Federal prosecutors have been directed by the Obama administration not to bring criminal charges against marijuana users who follow their states’ laws. However, that puts employers in a difficult position as they try to accommodate state laws on medical marijuana use while having to enforce federal rules or company drug-use policies based on federal law. Although courts have generally ruled that companies do not have to accommodate medical marijuana users, legal guidance is still not all that clear. Legal experts have warned employers to “not run afoul of disability and privacy laws.” In addition to the legal questions, employers are concerned about the challenge of maintaining a safe workplace.

How might this issue affect HR processes such as recruitment, selection, performance management, compensation and benefits, and safety and health?