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Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive.
But, in 2024, most states have recognized the medical benefits of cannabis and have legalized it for medical use by their residents. Will this translate into viable ADA discrimination claims?
Not likely — at least not until the federal government removes marijuana from the list of Schedule 1 drugs, which continues to include marijuana (cannabis) as one of the “drugs with no currently accepted medical use and a high potential
