By 1933, 29 states had passed laws that made any use of marijuana a criminal offense.

In 1937, Congress passed the Marijuana Tax Act, which made marijuana use illegal at the federal level.

In 1970, the Marijuana Tax Act was replaced by the Controlled Substance Act, which not only made marijuana use illegal at the federal level, but it also added a number of other drugs to banned list. This act was largely prompted by the widespread use of marijuana during the 1960s’ hippie craze.

In 1973, Oregon became the first state to decriminalize cannabis.

Some states began revising their cannabis laws setting the amount in possession determined if it was a felony or misdemeanor.

In 1975, the Alaska Supreme Court made a landmark ruling in a case in which they declared that small amounts of marijuana in possession were allowed under a right to privacy.

On 1978, New Mexico became the first state to legally recognize the medicinal benefits of marijuana. A year later, Virginia passed a law allowing doctors to prescribe marijuana for glaucoma patients or people suffering the side-effects of chemotherapy.

The doors were opened for more legalization of marijuana. Today, 8 states have legalized both medical and recreational use of marijuana; 13 states have legalized the use of marijuana for medicinal purposes but have also passed laws to decriminalize use and possession of marijuana under certain circumstances; another 12 states have legalized the use of psychoactive medical marijuana; 13 states have legalized non-psychoactive medical marijuana; 1 state has only decriminalized marijuana possession and 3 states still have state bans on the use and possession of marijuana.

In the states that have legalize marijuana for any use, whether it be for medicinal or recreational purposes, anyone caught with in legal possession of marijuana are protected from prosecution. Unfortunately, many believe that protects them from any consequences for being in legal possession or legally using marijuana and that is not the case.

What many people are finding out that although their state may have a law making it legal for them to use marijuana, it does not mean that it’s okay with their employer, just ask Gary Ross.

“Gary Ross, a systems administrator from California, suffered from debilitating back pain from injuries he sustained while serving in the military. Based on his doctor’s recommendation, Ross treated his pain with marijuana, which is legal for medical and recreational use in California. But when he applied for a job as a systems administrator at RagingWire Telecommunication, he failed the required drug test, and the CEO fired him.”

“In 2001, Ross sued for discrimination based on his disability. But in 2008, the California court said his firing was legal: although the state medical marijuana law exempted Ross from criminal prosecution, it did not protect him from getting fired.”

Many companies have drug policies which prohibit any use of certain drugs, including marijuana and courts have upheld their rights as employers to take appropriate action including termination, for anyone who violates the company drug policy.

Perhaps the best example is both amateur and professional athletics. I knew of a guy who played college football. He was prescribed a medication for an illness. Once he recovered, he returned to playing football, until he tested positive for a banned substance, which happened to be part of the medication he had been prescribed.

We often hear about a professional athlete and Olympian, who tests positive for a banned substance. The substance may be legal to take, but the sport may list it as banned.

Therefore, if you live in a state that allows the legal use of marijuana and even if you have a doctor’s prescription for medicinal marijuana, you had best check the policies of your employer because they may not allow it and if you are caught using it, even for medicinal purposes, it will cost you your job.