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PAGE 13 August 2019 ambiguous. There is no guidance or delineation to determine at what point an individual technically falls under the influence of marijuana and how long a person stays under the influence after consuming. (Note: This is not the full text to the answer provided. Visit the link below for complete details.) Can an employer fire an employee that tests positive for marijuana but has a prescription? As of now, yes; however, similar to the answer above, the issue is complex, the amendment, and courts will likely need to step in to provide guidance… (Read the entire text of this Q&A at https://www.lawofficemo.com/medical-marijuana-and- its-impact-on-missouri-employers) Addressing the Catch-22 The law firm urges individuals to keep an eye on the amendment's anti-discrimination statute (Section 290.145) that prohibits employers from firing, disciplining or refusing to hire an individual because he or she lawfully uses alcohol or tobacco products while off the clock and while off the employer's premises if the use does not interfere with the employee's work performance or duties. In February, Senate Bill 227 was introduced before the Missouri Small Business and Industry Committee. If passed, the bill would allow employers to drug test employees and prospective employees for medical marijuana – and would give employers discretion to take action based on results. According to bill sponsor Sen. David Sater, R-Cassville, the bill would not make drug testing mandatory. That decision would be left up to employers. "A lot of employers that I talked to were unsure as to what to do," Sater said. "They want to make sure their workplace is safe, but they weren't sure if they could do drug testing after Amendment 2." Because Missouri doesn't have an employee protection law for legal use of medical marijuana, human resource experts suggest that employers get proactive. Among the questions (and these don't even begin to scratch the surface) HR firms recommend employers ask are: ● Should we update our drug use policies to accommodate medical marijuana users? ● When is it in our best interest to discipline or terminate an employee who tests positive? ● Do we allow medical marijuana use, yet fire for use of other substances? ● Do we maintain a zero-tolerance, period? ● How do we address medical marijuana use and CDL drivers? ● What is our policy for health care providers and caretakers who use medical marijuana? ● What is considered an impairment as a result of medical marijuana use? ● Are there exceptions for certain medical conditions? ● Under what circumstances are employees tested? ● What are employees' rights and responsibilities? ● What is the time frame in which testing must take place after notification? Consequently, some employers may have to walk the tightrope. Florida-based Global HR Research writes, "These days, companies must remain aware that a failed drug test and subsequent firing (or denial of hire) – though justified according to the posted substance abuse policy – could be reversed in court resulting in a judgment for back wages, punitive damages and attorney fees." In 2014, a woman who applied for a summer internship sued and won after they refused to hire her for being a registered medical marijuana user. "This decision sends a strong message that people with disabilities simply cannot be denied equal employment opportunities because of the medication they take," said an attorney for the American Civil Liberties Union (ACLU). "If employers were permitted to discriminate against those using medical marijuana, then the good work done by those to enact the law will be completely undone. The judge's decision makes clear that this law is not an empty promise." Deep in the Weeds Regardless of the nuances, uncertainties and blatant unknowns, many patients struggling with debilitating conditions are willing to travel unfamiliar terrain and bypass the catch-22. "It's great to talk to someone about it and they understand that I don't want to do opioids," one patient said. "I'm in a tremendous amount of pain. It makes it so I can't sleep, function, work or anything and I'm hoping to find a better way for my lifestyle." However, some want nothing to do with medical marijuana, regardless of the relief it promises as a viable alternative to opioids, or its implications for reducing opioid addiction. Sater, who owned a pharmacy for 30 years, and said his background was the reason he proposed Senate Bill 227, isn't swayed. "I don't want someone who shows positive for marijuana involved in my business," he said. "I wouldn't feel comfortable knowing that I had someone who was using, even for medicinal use." Acceptance for facility applications began Aug. 3, 2019. The deadline for approval is Dec. 31, 2019. As for patients waiting for approval, DHSS says the state has 30 days to reply and if it doesn't, applicants are automatically approved. For more information, visit https://health.mo.gov/safety/medical- marijuana/index.php.

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