Abstract
This paper explores the inconsistencies in employment protections for medical cannabis users, with a focus on the divergent interpretations of protections based on “status” across different jurisdictions. The analysis begins with an overview of federal and state laws, followed by an examination of varying court approaches to the scope of protections afforded to medical cannabis users. Courts differ in interpreting whether "status" protections extend to cover positive drug test results, leading to significant variations in employment rights depending on jurisdiction. To address these disparities, this paper proposes two model statutes tailored to the level of protection each state may choose to extend to medical cannabis users, aiming to foster consistency and ensure clear employment rights for individuals utilizing state-sanctioned medicine.
Recommended Citation
Sheppard, Benjamin P.
(2025)
"High “Status”: Reforming Employment Protections for Medical Cannabis Users Based on Status,"
Marquette Benefits and Social Welfare Law Review: Vol. 26:
Iss.
2, Article 5.
Available at:
https://scholarship.law.marquette.edu/benefits/vol26/iss2/5