Medical Marijuana and the ADA: Hashing Out How States and Employers Cope with Medical Marijuana (10-30-20)

Presented by TransCen, Inc. and the Mid-Atlantic ADA Center

Thirty-three states have legalized medical marijuana. Ninety-three percent of American voters support legalizing medical marijuana. Despite this support, marijuana remains an illegal drug under the Controlled Substance Act of 1970. When the ADA was passed in 1990, it excluded disabled individuals who used illegal drugs from its protections. What does this mean for the millions of medical marijuana users? This interactive session will begin with discussions on the history behind the illegal drug provision in the ADA and how courts have applied the definition to medical marijuana. Attendees will have the opportunity to engage in interactive polling using their mobile devices. Additionally, this session will explore the varying approaches taken by states and employers to protect or prohibit the use of medical marijuana by employees and applicants with disabilities by delving into case studies. The session will end by identifying reasonable accommodations and discussing the advantages and disadvantages of each.

The Presenter:

Monika Taliaferro is a passionate attorney who finds joy in teaching others about legal rights, especially labor and employment rights. Monika has more than 10 years of legal experience in human and civil rights. Public service is the overarching theme of Monika’ s life. She served as a court-appointed advocate for children in foster care for several years, while also providing legal representation to children with special education needs. For the past 8 years, she has worked as an attorney for the District of Columbia government where she litigates before the Office of Human Rights, Office of Employee Appeals, Contract Appeals Board and the Equal Employment Opportunity Commission. Monika provides legal advice on ADA issues and has done so for the past 8 years. She regularly attends training on ADA issues, including the Mid-Atlantic ADA Conference. She often trains staff on anti-discrimination laws such as the ADA. Monika was born and raised in Georgia where she earned her B.S. in Public Relations, with a minor in International Studies from Georgia Southern University and her J.D. from the University of Georgia School of Law.

Webinar Handouts:

“Medical Marijuana” webinar (1 slide per page handout)

“Medical Marijuana” webinar (2 slides per page handout)

“Medical Marijuana” webinar (3 slides per page handout)

“Medical Marijuana” webinar (outline handout)