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Pot plant In some states, there is legal risk for employers who refuse to hire, discipline or discharge medical marijuana users for testing positive for marijuana. (Photo: Bloomberg)

Many employers choose to maintain a drug-free workplace in the interest of promoting employee safety, health and productivity. However, notwithstanding the fact that marijuana is prohibited under federal law, 33 states and Washington, D.C., now permit some form of marijuana use, and thus employers must consider whether a drug-free workplace policy contravenes any of these laws.

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