Q: What are the laws in MA regarding testing positive for marijuana on a new employer drug test if I have a MA medical card
A:
This article discusses a recent Massachusetts Supreme Judicial Court case that addresses the issue: https://www.bostonglobe.com/business/2017/07/17/sjc-rules-mass-companies-can-fire-workers-just-because-they-use-medical-marijuana/nxPMEGF0uzbjawXeCkA35J/story.html
Here is the case itself: http://masscases.com/cases/sjc/477/477mass456.html
A:
Since the use of Marijuana is still illegal under Federal law companies that have a no drug use policy can still refuse to hire an employee that tests positive for the use of marijuana or fire one that tests positive. The law is still in its infant stage, but unless an employer wants to change its policies the use of marijuana by an employ may result in discharge. Moreover, the Medical Marijuana act does not require an accommodation under the ADA provisions of MA law and would not be required under the Federal ADA law.
In short, no MA employer is required to accommodate an employee who uses marijuana.
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