New Medical Marijuana Program Poses Potential Legal Dilemma for Employers, Employees

Jun 27, 2014

Some Central New York employers and employees might face a legal dilemma when the state’s medical marijuana program takes effect. 

 Partner at Tully Rinckey law firm in Syracuse Graig Zappia  says the  federal Controlled Substances Act still classifies marijuana as a Schedule I drug with “no accepted medical use.” 

  Zappia says both sides have to be wary of anything that might infringe on the rights of others.  He says medical marijuana also introduces liabilities for doctors participating in the program.  Zappia says health care providers will have to be very certain to just whom they’re prescribing the medication so they don’t run afoul of the law.  

He  says the legal community will likely look at past patterns and practices in the 22 other states with medical marijuana programs to help guide them as issues arise.  Zappia says the federal government might also begin to change its position on the matter.  New York’s law likely won’t take effect until early 2016.