Georgia Legalizes Medical Marijuana With Pro-Employer Provisions

Author: David B. Weisenfeld, XpertHR Legal Editor

April 22, 2015

Georgia has become the 24th state to legalize medical marijuana in small amounts. On April 16, Governor Nathan Deal signed legislation that immediately permits the use of the drug to treat eight serious health conditions, including:

  • Epilepsy;
  • Cancer;
  • Multiple Sclerosis;
  • Lou Gehrig's disease;
  • Crohn's disease;
  • Parkinson's disease;
  • Mitochondrial disease; and
  • Sickle cell anemia.

However, the new Georgia law does not protect medical marijuana users from employment discrimination. In fact, it explicitly states that nothing shall require an employer to permit or accommodate the use of marijuana, or affect the employer's ability to have a zero tolerance policy prohibiting on-duty and off-duty marijuana use. This means an employer remains free to prohibit employees from having a detectable amount of marijuana in their system while at work.

The law, known as Haleigh's Hope Act, permits individuals with one of the eight, listed serious medical conditions to possess up to 20 ounces of cannabis oil if a physician signs off. The oil can contain no more than 5% THC, the high-inducing chemical often associated with recreational marijuana use.

Unlike most other states where medical marijuana is legal, it remains illegal to smoke marijuana for any reason in Georgia. In addition, since it is still illegal to grow the drug in the Peach State, and since none of Georgia's neighboring states permit any sort of marijuana use, actually obtaining marijuana could still be a hurdle for registered individuals.

While marijuana use remains illegal under federal law, the Department of Justice has not challenged state laws that have legalized marijuana use for either medicinal or recreational purposes.

Four states - Colorado, Washington, Alaska and Oregon - plus the District of Columbia, have legalized recreational marijuana use in small amounts. None of those states' laws prevent employers from maintaining a drug-free workplace policy.