Navigating Georgia's New Medical Marijuana Law
Miller & Martin PLLC Alerts | May 04, 2015
With Governor Deal recently signing Georgia's new medical marijuana act into law, we have begun to receive questions as to how the law will affect employers.
The law - called the "Haleigh's Hope Act" - allows an individual to possess (or have under his or her control) 20 fluid ounces or less of "low THC oil" under certain limited circumstances. Notably for employers, the law includes the following language:
"Nothing in this article shall require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in any form, or to affect the ability of an employer to have a written zero tolerance policy prohibiting the on-duty, and off-duty, use of marijuana, or prohibiting any employee from having a detectable amount of marijuana in such employee's system while at work."
Georgia employers thus are still permitted to have policies precluding the use, possession, etc. of marijuana at work. (One exception to the possession preclusion would be for medical professionals who are allowed to possess the permitted amounts of marijuana for patient treatment purposes while working for hospitals and other medical care employers.)
As always, should you have any questions regarding this development in Georgia law, please contact Jimmy Daniel, Chris Parker or any other member of our Labor and Employment Law Practice Group.