State laws vary when it comes to whether medical cannabis is allowed. In addition, the thirty-seven states with medical cannabis programs in place generally give employers significant latitude in how they deal with it. The unfortunate thing is that medical marijuana puts some employers in a bad position. They are damned if they do and damned if they don’t.
The employer’s perspective is one of health and safety. Employers are required by state and federal laws to maintain a healthy and safe workplace for all employees. Likewise, they must create and maintain a safe environment for visitors and customers. Failing to do so could lead to a lawsuit, civil penalties, and other punitive actions.
At the same time, it is possible for some employees to use medical marijuana without it affecting their work performance or creating a safety issue. They believe that they ought to be able to use medical marijuana like any other medicine. Employer’s risk alienating such workers by taking a stand against medical cannabis. They also risk a negative PR image.
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Suing the Fire Department
Illustrating the precarious position some employers find themselves in is a case out of Ogden, Utah. A firefighter, placed on leave after refusing to surrender his medical cannabis card, has turned around and sued the Ogden fire department. He claims that his rights under state law have been violated. He is asking to be reinstated to active duty. He also wants backpay and reimbursement for lost benefits and legal expenses.
The firefighter contends that his suspension is based solely on his status as a medical cannabis user. In his lawsuit, he also mentions other firefighters in the department who were likewise suspended for using medical cannabis. The suspensions began in summer 2021, after the Ogden fire department implemented a new drug and alcohol screening policy.
For their part, the fire department says that the firefighter in question was required to take a routine fitness exam over the summer. That exam resulted in the doctor warning of a “medical condition which would endanger applicant or public.” It should be noted that the firefighter in question uses medical cannabis as a treatment for chronic back pain.
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Impairment and Chronic Pain
It should also be noted that the firefighter was never reprimanded for an inability to perform on the job. In fact, there were never any performance questions. Yet the Ogden fire department still has to seriously consider the health and safety question.
Beehive Farmacy, a licensed Utah medical cannabis dispensary with locations in Salt Lake City and Brigham City, says that chronic pain is one of the most frequently cited reasons for using medical cannabis. The fact that the firefighter in this case takes the drug for chronic pain is not surprising. But is his pain severe enough to inhibit his performance?
Performance could be inhibited by either his condition or the medicine he takes for it. And if performance is inhibited, is he compromising the safety of his fellow firefighters? These are things fire department officials have to consider.
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No Easy Answers
The point of this post is not to take sides between the Ogden fire department and the firefighter suing it. It is simply to point out that there are no easy answers. On the one hand, the firefighter should be able to use prescription medications as long as he does so under the supervision of a medical professional. On the other hand, the fire department has to look out for the safety of everyone involved. Is there a way to balance both?
