At the federal level, all marijuana is still illegal. The federal government classifies marijuana, along with heroin and cocaine, as a Schedule I drug with a high potential for abuse and little or no medical benefit. Find the latest news and ideas on how employers are responding to potential changes in state and federal abortion laws, as well as members-only resources to support their employees. Members can get help with HR questions.
HH. by phone, chat or email. To Grow, Evolve, and Inspire, We Must Participate in Continuous Learning. Marijuana Opportunity Reinvestment and Elimination Act (MORE), H, R.
What will happen in the Senate? Senate Majority Leader Chuck Schumer (D-N, Y. Schumer said in a statement that the time has come for a comprehensive reform of federal cannabis laws, but acknowledged that Democrats will need Republicans to pass a legalization bill in the Senate. The Senate is divided 50-50 between Democrats and Republicans, and Vice President Kamala Harris casts the tiebreaker vote when the Senate is divided. But the bill would need 60 votes in the Senate to break an obstructionism.
States would continue to regulate cannabis Marijuana continues to be listed as a Schedule I drug under the Federal Controlled Substances Act, meaning that it is considered to have a high potential for abuse and has no medical value. The MORE Act would deprogram marijuana, eliminate criminal penalties, and provide some relief for previous convictions. What would the law mean for the workplace? States would continue to regulate cannabis and would not be required to legalize its use. Currently, 37 states have approved the use of medical marijuana, and 18 of those states and Washington, D, C.
However, New Jersey and New York passed cannabis laws that include labor protections. New York law prohibits employment discrimination against people who legally use marijuana off duty, while New Jersey law protects anyone who uses marijuana and prohibits adverse work actions based solely on a positive result of a marijuana test. Regardless of what happens at the federal level, cannabis laws will continue to expand at the state level as attitudes about marijuana use change. Despite the uptick, many employers are hesitant to evaluate workers, as they struggle with staff shortages.
Many employers have removed THC from their pre-employment drug panels, noted Trisha Zulic, SHRM-SCP, director of human resources, business operations and strategy for WSA Distributing Inc. Via Efficient Edge) in San Diego. THC is the psychoactive component of cannabis. Instead, employers are choosing to focus on reasonable suspicion of disability at work.
Regardless of marijuana's legal status, employers don't have to tolerate workplace use or poisoning. Therefore, evidence of reasonable suspicion still makes sense, because employees cannot come to work with disabilities, said Kathryn Russo, attorney for Jackson Lewis in Long Island, New York. Employers should train managers and supervisors on ways to reasonably observe when someone is working under the influence. For example, tests based on reasonable suspicion could be triggered when an employee has difficulty speaking or is argumentative, irritable, or unresponsive.
Behaviors observed and reasons for requiring the employee to undergo a drug screening should be documented. Zulic noted that employers are working with their workers' compensation insurance companies and employment law lawyers to make the best decisions about their testing policies. You have successfully saved this page as a bookmark. Confirm that you want to proceed with the removal of the bookmark.
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Recreational use of marijuana remains illegal at the federal level. The House of Representatives recently approved a bill to decriminalize marijuana at the federal level. Under Federal Law, Possession and Use of Cannabis in All Its Forms Remains Illegal. There are some FDA-approved prescription drugs that contain cannabis-derived products, such as CBD, or are made with synthetic cannabis-related products.
As of now, marijuana is a Schedule I drug, which means it is illegal under federal law. As a result, the Americans with Disabilities Act, also a federal law, takes the position that people who use marijuana, even for medical purposes, are not “disabled” because they are engaging in illegal activity. Therefore, the ADA does not protect medical marijuana users, and it can still fire employees who fail a drug test for marijuana, have marijuana at work, or are under the influence of marijuana while on the job, regardless (in general) of what state law says. .