Medical marijuana and employers' drug tests

Medical marijuana legal in some states, is creating some employment law problems. Seems employees with prescriptions for medicinal use of marijuana are failing employers drug tests, and consequently are being fired. This is neither a simple issue nor is the law clear.

Congress sets hearings on NFL drug case

Remember the NFL Starcaps suspension case blogged here? A federal appeals court found the NFL's collectively bargained drug policy did not preempt enforcement of Minnesota's state law regulation of drug testing, or prohibition against disciplining employees for consuming a substance not illegal. The NFL then suspended the suspensions of the involved players. According to the Twin Cities Pioneer Press the NFL is asking Congress to pass a uniform federal law to govern drug testing in professional sports. In so doing the NFL is rallying political support from the political branch to correct a judicial outcome. Congress should be receptive since its previous hearings involving major league baseball exposed the depths of steroid use by many star athletes. The political branch should be particularly receptive to supporting zero tolerance drug policies.

The NFL is seeking Supreme Court review of the case. The House Subcommittee on Commerce, Trade and Consumer Protection has set hearings for November 3rd.
The NFL's action may signal its concern that the current Supreme Court looks more favorably towards states rights than any previous Supreme Court since the election of Franklin Roosevelt as president, or perhaps the NFL sees the current court less sweeping in its application of labor preemption.