2019 Cannabis & Co: Family and Medical Leave Act (FMLA) in the Post Prop. 64 Era (Part 4)

Proposition 64 changed marijuana laws. What many do not realize is that it did not change employment laws. Employers recognize societal norms are changing with the passing of Prop 64. A new era has commenced and the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) will play a large role in how cannabis is handled in the workforce. Employers must be cautious because Marijuana is illegal – it remains a Schedule 1 illegal substance, and ADA provides no exception for medicinal use of marijuana.