Medical Marijuana and the Workplace

April 24, 2023

The landscape surrounding the use of marijuana is ever changing as of late. Each state currently has different laws regarding the use of medical and recreational marijuana. Although your state may have legalized medical and/or recreational marijuana, it remains illegal at the Federal level. This poses a challenge for employers, especially those with locations and employees in separate states.


Today, employers are permitted to make rules prohibiting drug and alcohol use in the workplace. Employers do not have to tolerate on-site drug and alcohol use in general. When it comes to off-site use, there are limited accommodations that are required to be granted for alcohol and drug use in relation to disabilities. Off-site medical marijuana use is one of those exceptions.


In Barbuto v. Advantage Sales and Marketing, LLC, the Massachusetts Supreme Judicial Court (SJC) held that an employee who uses medical marijuana may claim handicap discrimination against an employer for failing to waive mandatory drug testing for marijuana use absent an undue hardship to the employer’s business. (Note that the use of medical and recreational marijuana is legal in Massachusetts)


In Barbuto, an employee with Crohn’s disease was fired for a positive marijuana test following urine testing mandated by their employer. The employee had a medical marijuana card and requested accommodation of off-site use of marijuana for her disability.


The court held that an employee who uses medicinal marijuana off site and in a manner that does not interfere with job responsibilities cannot be terminated.


The Barbuto decision does not apply to on or off-site use of recreational marijuana. The employee was able to prevail because they were using medical marijuana for an underlying disability: Crohn’s disease.


Employers can still discipline/terminate employees who use recreational marijuana, whether on- or off-site. However, there are states that have prohibited employees being treated adversely for any marijuana use, including California and Washington D.C. You may start to see the laws in some New England states change to conform with these states. Be careful to stay abreast of any changes in the law.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

By The Royal Law Firm August 15, 2025
Royal attorneys successfully obtained a Partial Dismissal on a USDC MA case. The Plaintiff alleged discrimination on the basis of sex, pregnancy, parental leave, and retaliation. The court agreed with our arguments and dismissed the 93A claims.
July 25, 2025
On June 27, 2025, the U.S. Supreme Court ruled in Trump v. CASA that federal district courts cannot block executive orders for the entire country. The Court held that such broad injunctions exceed the authority Congress granted under the Judiciary Act of 1789. Courts may now only stop enforcement for the parties in the case—not for everyone else. What Happened in the Case President Trump issued Executive Order 14160 in early 2025. It denies birthright citizenship to children born in the U.S. if neither parent is a citizen or lawful permanent resident. Multiple lawsuits followed. Three federal courts blocked the order nationwide. The Supreme Court disagreed. It sent the case back and told the lower courts to revise the injunctions to cover only the named plaintiffs. The Court did not decide whether the order itself violates the Constitution. It ruled only on how far a court’s injunction can reach. Why It Matters to Employers The ruling affects how quickly and widely federal courts can stop controversial policies, especially during fast-changing political cycles. Employers have often relied on national injunctions to pause new mandates on wages, workplace safety, pay transparency, and non-compete agreements. This decision limits that option. The Court said nothing about injunctions under the Administrative Procedure Act, which governs agency rules. But the opinion raises doubts about whether even those can continue on a nationwide scale. Justice Kavanaugh suggested they might, but the Court left that question for another day. What This Means for You No nationwide protection unless you sue If your business is not part of the case, you likely cannot rely on someone else’s win. You must litigate directly to get relief. Rules may take effect in one state and not another A federal court in Texas may block a rule, while a court in New York upholds it. National companies may face conflicting rules and inconsistent enforcement. Trade groups cannot shield you Even if your industry association wins an injunction, it may apply only to their members or to the parties named in the lawsuit. Older rulings may now shrink Past national injunctions—on vaccine mandates, non-compete bans, overtime rules, or joint-employer standards—could be challenged or narrowed based on this ruling. More class actions are likely Some plaintiffs may now push for class certification to restore broader relief. Employers could face more complex litigation as a result. Next Steps for Employers Identify any current or past rules your business has relied on that are being blocked nationwide. Confirm whether you were covered by name or just assumed you were protected. Reassess your risk exposure for pending federal actions under OSHA, the EEOC, the DOL, or the NLRB. Monitor APA-based injunctions to see whether courts continue to grant broad relief under that statute. Consider joining strategic litigation early if new executive orders or agency rules would harm your operations. You cannot assume another company’s lawsuit will protect you. The Court narrowed that path. To block a federal mandate, you may now need to act alone—or join the fight directly. Michael P. Lewis is an attorney at The Royal Law Firm with experience advising clients through the litigation process. Michael helps employers resolve workplace challenges with focus, precision, and judgment. He counsels and defends businesses across Massachusetts and Connecticut, handling matters involving discrimination, harassment, retaliation, wage and hour claims, restrictive covenants, and breach of contract. His practice includes litigation in state and federal courts and before administrative agencies. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.