27 Miss. Code. R. 120-3.4
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 5.4 states that all employees must apply themselves to their assigned duties during the full schedule for which compensation is being received. Section 5.5 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 5.12 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.
27 Miss. Code. R. 120-3.4