Medical Marijuana In Missouri: New Law Brings New Questions For Employers

Missouri voters approved Amendment 2 on Election Day 2018, one of the three medical marijuana measures appearing on the state's ballot. Amendment 2 adds an article to the Missouri Constitution legalizing medical use of marijuana for qualifying patients and allowing people who qualify to grow their own plants. With a new law comes new questions about how this development will affect workplaces across the state. Here are a series of the most common questions Missouri employers may have while adjusting to this new reality.

What Is Amendment 2?

Amendment 2 makes Missouri one of the 33 states in the country that have legalized marijuana to some degree. Amendment 2 does not change federal law, which continues to classify marijuana illegal under the Controlled Substances Act, even if it is used for medical reasons.

Under the new Missouri law, qualified patients who have approval from their physician will receive identification cards from the Missouri Department of Health and Senior Services that will allow them and their registered caregivers to grow up to six marijuana plants and purchase at least four ounces of cannabis from dispensaries on a monthly basis.

The list of medical conditions that will permit medical marijuana use is broad and somewhat open-ended. Qualifying medical conditions include specific conditions or symptoms related to, or side-effects from, the treatment of cancer, epilepsy, glaucoma, HIV, intractable migraines unresponsive to other treatment, and any terminal illness, as well as a litany of chronic medical conditions and psychiatric disorders such as Crohn's disease, autism, Alzheimer's disease, and post-traumatic stress disorder, to name just a few.

Should any of your employees or applicants have one of the qualifying conditions or, in the professional judgment of their physician, have a debilitating or other medical condition, they may be a qualifying patient eligible to apply for a medical marijuana identification card.

Do I Have To Let My Employees Work While High?

No. Missouri employers may continue to enforce their drug-free workplace policies prohibiting employees from working under the influence of marijuana even after the new law takes effect. In fact, employers will be pleased with the express language in Amendment 2 which provides a safety net for employers.

The new law specifically prohibits employees from filing claims against Missouri businesses for wrongful discharge, discrimination, or similar causes of...

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