by Katherine Miller
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February 2022 brought about the legalization of medical cannabis in Mississippi. But wait a minute – didn’t that already happen?
Mississippi Already Legalized Recreational Cannabis Once
Mississippi voters initially approved medical cannabis in November 2020 via a ballot initiative. The approved initiative included generally favorable guidance for employers. However, in spring 2021 the state Supreme Court ruled the ballot initiative unconstitutional, effectively ending the program before it even began.
Legislators knew that voters wanted access to medical cannabis and spent much of 2021 and early 2022 discussing possible next steps. In early February the legislature passed Senate Bill 2095 (SB 2095) which was quickly signed by the governor, re-legalizing medical cannabis in the state.
Overview of SB 2095
SB 2095, also known as the “Mississippi Medical Cannabis Act,” (the Act) permits the use of medical cannabis for several medical conditions and became effective immediately upon its passage. Despite being already effective, medical cannabis is not yet available in Mississippi. A variety of different cannabis forms will be available to qualifying individuals once the program officially begins.
What do Employers Need to Know?
Mississippi employers can employ a medical cannabis user without fear of repercussions from the state. Additionally, employers retain their right to require drug and alcohol tests after a workplace injury occurs. If an employee tests positive due to an illegal drug, prescription medication used improperly, or medical cannabis, employers can presume that such use was the proximate cause of the injury.
Employers are not required to permit or accommodate the use of medical cannabis in the workplace. Employers do not have to reimburse costs associated with the use of medical cannabis, nor do they have to modify the job or working conditions of individuals that use medical cannabis.
Employers are not prohibited from refusing to hire or taking adverse employment action against an individual as a result of their medical cannabis use, regardless of the individual’s impairment or lack thereof. Employers can continue to establish and enforce drug testing policies. Additionally, employers can discipline employees for ingesting medical cannabis in the workplace or for working while under the influence of medical cannabis.
The Act is not meant to interfere with federal requirements on employment or contracting, including applicable Department of Transportation (DOT) regulations.
Conclusion
Mississippi employers should immediately review their workplace drug and alcohol testing policies to ensure they are up to date regarding the newly passed law. Already reviewed your policy in 2020? Great start – make sure to do it again, as the Act varies from the ballot initiative that was passed by voters.
Want help reviewing your policy for compliance? Need a new one entirely? Contact the Current Consulting Group at policy@currentconsultinggroup.com to learn how our policy experts can help you stay up to date and compliant.
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