Fisher & Phillips: Arkansas Voters Legalize Medical Marijuana | Practical Law
This Law Firm Publication by Fisher & Phillips LLP discusses the passage of the Arkansas Medical Marijuana Amendment, which has legalized medical marijuana use for those with one of 17 qualifying conditions. Under the measure, which becomes effective on November 9, 2017, the state's Department of Health will oversee dispensary providers and cultivators, but patients are not permitted to grow their own marijuana. The publication notes that employers cannot fire employees, landlords cannot refuse to lease to tenants, and schools cannot refuse to enroll students based on an individual's medical marijuana use. Doctors and lawyers cannot be denied professional licenses based on medical marijuana use, but a professional can be disciplined for abusing medical marijuana. Employers are not required to accommodate workplace medical marijuana use, but the law is unclear on how employers will extend reasonable accommodations to applicants or employees who happen to have medical marijuana in their system while on duty. Employers that enforce zero-tolerance drug policies are still in compliance with the federal law.