Is medical marijuana considered a prescription?

UPDATED: Sep 30, 2022

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Is medical marijuana considered a prescription?

My employer allows for ‘any
prescription that is legal to obtain
in NV, is allowed’. Does med
marijuana meet that description?

Asked on February 12, 2017 under Criminal Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It's not 100% clear what the context is, since you posted this question under "Criminal Defense," but are asking about your employer.
That said, the issue of the legality of marijuana is NOT a simple one: even when a state allows its use (either medically or recreationally), it is still a controlled substance and illegall under federal law.  So your state (Nevada) may consider it legal, but it's illegal under national law; therefore, your employer could choose to view it either way.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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