Governor Reeves signed the Mississippi Medical Cannabis Act into law on Feb. 2. It took effect upon signing. In this article, we break down what the act means for employers.

First, employers will be happy to know that the act offers protections for them and keeps many of their current rights in place. The act in no way alters the employment relationship status. This means that the at-will status of employees is maintained.

The act also contains other protections for employers. It does not:

• Require any employer to permit, accommodate or allow the use of medical cannabis, or to modify the job or working conditions of any employee who uses medical cannabis
• Stop any employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against someone as a result of their use of medical cannabis
• Ban or limit an employer's ability to create or enforce a drug-testing policy
• Provide a private right of action for any employee to sue an employer for taking an adverse employment action due to use of medical cannabis
• Affect the workers' compensation premium discount for employers with a drug-free workplace program
• Change an employer's right to deny or put forth legal defenses to the payment of workers' compensation benefits to an employee on the basis of a positive drug test or refusal to submit to or cooperate with a drug test

While state law protects employers from suit, they should also look at federal laws such as the ADA and FMLA before...

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