Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 3 - HOLIDAYS AND LEAVE › Section 27-120-3.4 - MEDICATION USE IN THE WORKPLACE

Current through June 25, 2024
Prescription and over-the-counter drugs are not prohibited in
				  the workplace when taken in standard dosage and/or according to a prescription.
				  However, certain medication, including the medical use of medical cannabis,
				  even when taken in the standard dosage and/or according to a prescription may
				  interfere with the safe, effective performance of assigned duties or compromise
				  workplace safety. Section
				  5.3 states that all employees must
				  apply themselves to their assigned duties during the full schedule for which
				  compensation is being received. Section
				  5.4 requires that all employees must
				  meet established performance standards. Employees using medication that
				  interferes with required job performance or workplace safety may be required to
				  use applicable leave in accordance with Section
				  3.2. Employers must consider that
				  such employees may possibly be eligible for Family and Medical Leave Act leave
				  and/or could qualify for protection under the Americans with Disabilities
				  Act.
Mississippi law now allows the legal use of medical cannabis
				  for medical purposes only, as set forth in Senate Bill 2095 from the 2022
				  Regular Session of the Mississippi Legislature. Regardless of the purpose of
				  its use, marijuana is still classified as a controlled substance and illegal
				  under federal law. Therefore, any agency receiving federal funding or otherwise
				  subject to the Drug Free Workplace Act of 1988 must continue to have policies
				  consistent with that Act in order to stay compliant and/or eligible for federal
				  funds.
Nothing in the provisions of Senate Bill 2095 from the 2022
				  Regular Session of the Mississippi Legislature shall be construed to do any of
				  the following:
* Require any agency to permit, accommodate, or allow the
				  medical use of medical cannabis, or to modify any job or working conditions of
				  any employee who engages in the medical use of medical cannabis or who for any
				  reason seeks to engage in the use of medical cannabis;
* Prohibit any agency from refusing to hire, discharging,
				  disciplining, or otherwise taking an adverse employment action against an
				  individual with respect to hiring, discharging, tenure, terms, conditions, or
				  privileges of employment as a result, in whole or in part, of that individual's
				  medical use of medical cannabis, regardless of the individual's impairment or
				  lack of impairment resulting from the medical use of medical cannabis;
* Prohibit or limit the ability of any agency from
				  establishing or enforcing a drug-testing policy so long as the policy complies
				  with state law and Section
				  5.11 of the State Employee
				  Handbook;
* Interfere with, impair or impede any federal restrictions
				  or requirements on employment or contracting, including, but not limited to,
				  regulations adopted by the United States Department of Transportation in Title
				  49, Code of Federal Regulation;
* Permit, authorize, or establish any individual's right to
				  commence or undertake any legal action against an agency for refusing to hire,
				  discharging, disciplining or otherwise taking an adverse employment action
				  against an individual with respect to hiring, discharging, tenure, terms,
				  conditions, or privileges of employment due to the individual's medical use of
				  medical cannabis.
All agencies must ensure strict compliance with all federal
				  and state laws regarding discrimination and protected health
				  information.