Possession of a Medical Marijuana Card Doesn’t Necessarily Prove Current Drug Use

Last month, a Hawaii federal district court judge denied an employer’s motion to dismiss an applicant’s claim for disability discrimination under the Americans with Disabilities Act (ADA) where the employer merely assumed that an applicant who admitted to having a medical marijuana card was a current marijuana user and would fail a drug test. Specifically, in Kamakeeaina v. Armstrong Produce, Ltd., Case No. 18-cv-00480-DKW-RT (D. Haw. March 22, 2019), the plaintiff claimed that he suffered from post-traumatic stress disorder (PTSD) and depression. After the employer made a conditional offer of employment to the plaintiff, the employer advised him that he was required to, among other things, pass a drug test. During a subsequent interview with the employer’s Human Resources Director, the plaintiff advised that he was registered under Hawaii’s Medical Cannabis Program. After continued conversation between the two, the Human Resources Director told the plaintiff that the employer would withdraw the job offer if he tested positive for drugs. The plaintiff responded that he was “prepared to have the offer taken off the table.” After further conversation, but without actually administering a drug test, the Human Resources Director withdrew the plaintiff’s employment offer.

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