Alabama Passes Medical Marijuana Bill

Alabama Governor Kay Ivey signed a bill legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law allows the use of medical cannabis to treat certain conditions such as Crohn’s disease, depression, epilepsy, HIV / AIDs, panic disorder, Parkinson’s disease, persistent nausea, post-traumatic stress disorder, chronic or intractable Pain, among other things. The law went into effect immediately after it was signed by the governor, although medical cannabis will not be available for at least a year.

Medical cannabis can be used in a variety of forms, including tablet, capsule, or oral tincture; Gel, oil, cream, or other topical preparation; Suppositories; transdermal patch; Nebulizer; liquid oil for administration with an inhaler. Medical cannabis must not be used by smoking or vaping, or by consuming foods such as cookies or candy. In addition, the law does not allow recreational marijuana use.

The Medical Cannabis Act contains many favorable provisions for employers. Specifically:

Employers are under no obligation to authorize, include or permit the use of medical cannabis, or to change the working or working conditions of any employee who uses medical cannabis or attempts to use medical cannabis for any reason.

Employers are not prohibited from hiring, firing, disciplining, or otherwise adversely affecting any person with respect to recruitment, dismissal, tenure, conditions or privileges of employment, in whole or in part, from the use of medicinal cannabis by that person, regardless the impairment or lack of impairment resulting from the use of medicinal cannabis.

Employers are not prohibited from establishing or enforcing a drug testing policy, including, but not limited to, a policy prohibiting the use of medicinal cannabis in the workplace or a drug-free workforce program established in connection with the State Employee Compensation Act .

Employers are not prohibited from adopting an employment policy that requires their employees to notify the employer if an employee has a medical cannabis card.

The law does not affect, impair, or interfere with any federal employment restrictions, including, but not limited to, regulations issued by the U.S. Department of Transportation.

The law does not permit, authorize, or establish a person’s right to initiate or initiate legal action against an employer for refusal to hire, dismiss, tenure, conditions, or privileges of employment for the use of medicinal cannabis.

The law does not require a government medical aid program, employer, property and casualty insurer, or private health insurer to reimburse any person for costs associated with using medicinal cannabis.

The act does not affect the Employee Compensation Premium Discount available to employers who establish drug-free workplace policies certified by the State Employee Compensation Premium Discount Act.

The law does not affect, change, or affect an employer’s right to refuse to pay workers’ compensation payments to an employee based on a positive drug test or a refusal to request or cooperate with him or her, or to establish legal defense on a drug test, as provided by law provided through premium discounts for state employee compensation.

A person who is dismissed from employment due to the use of medical cannabis or the refusal to undergo a drug test or to cooperate with him is legally regarded as finally dismissed for misconduct if the condition of the Employee Compensation Bonus Act is met.

Alabama employers should review the law to see if changes to drug and alcohol testing guidelines or other workplace guidelines are needed.

Jackson Lewis PC © 2021 National Law Review, Volume XI, Number 145