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Columbia Attorney Interviews on South Carolina’s Proposed Medical Marijuana Bill

4.23.19

The Compassionate Care Act, H.3660 is making its way through the South Carolina legislature. The Act, if passed, would allow the use of medical marijuana and would also prohibit employers from firing, refusing to hire, or otherwise discriminating against an employee or candidate solely on the basis of their status as a legally authorized marijuana user.  Ben Dudek spoke with Columbia Regional Business Report and South Carolina Lawyers Weekly regarding the impact the Act would have on employers in the state.  He says South Carolina’s proposed bill could be among the most employee-friendly of the bills passed so far.  Under the bill, employers will not be able to terminate or discipline medical marijuana cardholders who test positive on drug tests unless the employer can prove they were using or under the influence in the workplace. Ben explains that could prove difficult, especially in reasonable suspicion and post-accident/injury situations, “because traces of marijuana can show up in drug tests long after its effects have worn off.  Drug testing science has not yet caught up to medical use of the drug, complicating matters for employers when it comes to employee screenings, and potentially making it very difficult to prove that an employee was under the influence during work using drug screening results alone.”

To read the full article, visit Columbia Regional Business Report or South Carolina Lawyers Weekly

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