A recent article published in Law360, discusses New York’s recent vote to legalize medical marijuana. The article titled, “NY Pot Law Will See Courts Ask, ‘Were You High on the Job?’” sheds light on a dichotomy that could pose challenges for employers – the new law shields workers using pot therapy under the state’s anti-discrimination law, opening the floor to how employers will handle questions of on-the-job impairment.

Many experts agree that litigation will likely stem from the new law and that the real challenge will be when and how to accommodate employees using medical marijuana, the article reports.

“It's not whether employers must accommodate," Buchanan Labor & Employment Shareholder Kelly H. Kolb told the publication. “The question is, from a lifestyle and management perspective, [d]o they wish to?” 

Read the full article – “NY Pot Law Will See Courts Ask, ‘Were You High on the Job?’” (Law360, June 20, 2014)