Meidcal Marijuana

We operate group homes for youth and a gentleman has applied for a job who has a medical marijuana card. uses for pain management for his back. Given the population and duties (driving) I am hesitant to hire him. Anyone faced this issue and addressed it in their Policies and procedures? I have read clarifications from our Labor Department that employers can limit employees from being on the worksite if under the influence, but I wonder what potential liability exists if we use this is as a reason for not hiring him. Would federal law allow us to safely not hire him. He also has prior workers compensation claim (bad back) that I probably cannot address (discrimination), but I think the job would aggravate this injury. Any thoughts.


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  • Personally, my first action would be to call my lawyer.

    I think the best advice I can give you (besides to call your lawyer) would be to tell this person what the duties are, stress that driving is an essential duty (if it is), and that drivers cannot be under the influence or have any trace of anything in their system when tested and then ask them if they can meet the duties. If you don't already have a random drug testing policy in place, I would implement it before I hire this person and then do it regularly.

    There are quite a few red flags here, but you don't really KNOW that he can't drive and do the job without passing your drug tests. That is your real quandary. So again, call your lawyer and get their advice.
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