But three court cases in the past year have sided with employees, forcing companies in Connecticut, Massachusetts and Rhode Island to reinstate workers with medical marijuana cards who were fired, or whose job offers were rescinded, because they tested positive.
In roughly a dozen states, medical marijuana users are protected to some degree from employment discrimination, Russo said. Yet the state laws around the issue are “all different,” she said. In Arizona and Pennsylvania, for example, state law explicitly allows employers to bar medical pot users from safety-sensitive positions, Russo said. Other states don’t have clear rules.