Can an Employee be Fired or Refused Employment for Using CBD in the United States?

Laws and their interpretations regarding cannabidiol (CBD) and marijuana in the workplace are still emerging through statutes and case law across the United States. While there is a federal law protecting employees from discrimination based on their medical conditions and their resulting prescriptions (Americans with Disabilities Act), the ADA has not yet been interpreted federally as protecting marijuana-related prescriptions, partly because the Food and Drug Administration (FDA) has only ever approved two cannabis-related medications and those are only available for the treatment of serious conditions which would likely prohibit an employee from working in a safety-sensitive function. In the absence of such a ruling, each state is free to set their own laws through legislation and court decisions. Since every state is different, the answer to whether an employee can be fired for CBD use will also vary from state to state and potentially from year to year as laws change, research emerges, and products are released.

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