Over the past decade, we have seen significant changes throughout the country at the local and state levels related to medical and recreational marijuana, with the majority of states legalizing some use of the plant's psychoactive ingredient, THC. Marijuana is still illegal at the federal legislative level, governing the rules and regulations for U.S. government agencies.
With the president recently pardoning federal marijuana-related misdemeanors, HR professionals need to follow not only the changes in laws and regulations, but also the changing attitudes toward recreational and medical marijuana use. The SHRM Body of Applied Skills and Knowledge recognizes U.S. Employment Law & Regulations as a required aspect of HR expertise. Comprehension of federal, state and local provisions is a necessity for HR professionals.
- Medicinal use and the Americans with Disabilities Act (ADA). Medical marijuana has been legalized in most states. Medical providers can and do prescribe marijuana for medicinal use. Make sure you fully understand the meaning of relevant considerations under the ADA, including reasonable accommodations, essential functions and other terms, along with additional state and local laws and regulations.
- Drug testing. Certain states and cities have now banned pre-employment drug testing for THC for many positions. Get clarity on new or amended laws and regulations. Pay attention to Department of Transportation (DOT) rules; there may be separate drug testing...
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