NH Business Review
Let’s talk about an employment law issue not related to COVID-19, specifically cannabis.
Cannabis use is a vexing subject among workplace law enthusiasts. On the one hand, penalizing applicants or employees for the off-duty consumption of either legal or decriminalized cannabis seems outmoded to some (not to mention antithetical to the challenges facing most businesses in a tight labor market). On the other hand, workplace advisers have long maintained that employers are not obligated to accommodate an employee’s use of federally controlled substances, like marijuana. Cannabis policies have increasingly become value statements, where each business is free to determine what values to uphold or forego around the usage of cannabis.
A recent opinion from the New Hampshire Supreme Court in the case Scott Paine v. Ride-Away Inc. has changed the landscape around cannabis use and narrowed the latitude thought to be enjoyed by businesses, particularly where disability rights are concerned.
According to the allegations made, the plaintiff, Scott Paine, worked for Ride-Away as an automotive detailer. He suffered from post-traumatic stress disorder for many years and was eventually prescribed cannabis as treatment. This was done through New Hampshire’s therapeutic cannabis program.
Because Paine was drug-tested regularly at Ride-Away, he requested an exception from the company’s drug-testing protocol. His request was limited to off-duty conduct only; he...
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