I live in southern california so is medical marijuana protected by the ADA?
- Lawyer XLv 78 years agoFavorite Answer
No. The ADA is federal law. Congress can decide what violates the ADA, and Congress has also determined that marijuana is illegal, even for medical reasons.Source(s): Disability rights lawyer
- tonalc2Lv 78 years ago
It might come into play in the workplace "reasonable accommodation" portion of the ADA. An employer still may have to consider accommodating an employee whose medical condition has led to a recommendation of medical marijuana use. What an employer may need to do to accommodate the individual will involve a determination of what is a "reasonable" accommodation under ADA.
However, due to Ashcroft v. Raich, in most states with medical marijuana laws, an employer may safely refuse to accept medical marijuana as a reasonable medical explanation for a positive drug test result.
- 8 years ago
no its still a federal offense