There is a current argument in Mississippi’s Supreme Court whether to strike down the constitutional law per Mississippi’s Initiative 65. The court’s decision is expected to be handed down by late May 2021. In lieu of that, the Mississippi Department of Health is proceeding with plans to launch the state’s medical marijuana program in July and begin issuing licenses by August 15, 2021.
Thus far it appears that Initiative 65 (as is) will not require employers to permit onsite use, to accommodate the use of marijuana in employment, or to alter any existing drug testing laws, regulations or rules.
As is, Initiative 65
- prohibits use or impairment when operating any motor vehicle, aircraft, train, or boat.
- does not require any insurance provider, government agency or authority to reimburse for expenses related to the use of medical marijuana.
- does not override any public laws, ordinances, regulations, provisions, or public or private rules related to smoking in or on public /private places.
- does not affect any existing drug testing laws, regulations, or rules.
Initiative 65 does not contain any specific protections for applicants or employees, however with all the newness and controversy, employers should be cautious when implementing policies or when handling issues regarding medical marijuana use by their employees.