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MO Legal Update – bill would allow Employers to prohibit Employees from using Medical Marijuana

Missouri Workers Compensation Update

Hearings were held during the last week of February, 2020, on legislation that would allow employers to test employees and prospective employees for medical marijuana, and give employers the discretion to act based on the test results.  You can read Senate Bill 610 by clicking HERE.

It would also allow employers to prohibit the use of medical marijuana at their businesses.

Lobbyists for the Associated Industries of Missouri and the Missouri Chamber of Commerce both spoke in support of the bill.

David Overfelt, who represents Associated Industries, said that if there are workers dealing with equipment that can hurt them, employers need to know if they’re taking drugs — legal or otherwise.

“We want to know because we want to prevent workers’ comp claims and other things that can happen,” he said.

While I am certainly in favor of this legislation, I’m concerned that future decisions from the Federal Courts (interpreting and applying the ADA) could override this legislation in the event it becomes law.

I will keep you advised as this legislation moves through the Senate. If you have any questions about this or wish to discuss this further, just let me know.

– Brad