Is a Montana workplace required to accommodate the use of medical marijuana?
A. No. As of June 2010, laws legalizing possession of marijuana for certain medical purposes exist in 14 states, including Montana. The laws generally allow a seriously ill patient to grow and/or use marijuana with a doctor’s written or oral recommendation. The laws protect the prescribing physician and the patient from criminal prosecution. These state laws conflict with the federal Controlled Substances Act, which prohibits the possession, use, and cultivation of marijuana, a Schedule I drug. However, in 2009, the U.S. Department of Justice issued a memorandum stating that it would focus its resources on prosecuting large-scale enterprises that unlawfully sell marijuana and not individuals who comply with their state’s medical marijuana law. A rise in the use of medical marijuana appears to have followed this federal policy change. Section 50-46-205(2)(b), MCA, clearly provides that an employer is not required to accommodate an employee’s use of medical marijuana. Furthermore, a rece
