The changing legal landscape relating to marijuana usage means that employers, especially those with safety sensitive positions or who are subject to federally mandated compliance requirements, need to review their current policies and approaches to positive drug tests reflecting marijuana usage to ensure they follow applicable federal, state, and local laws regarding marijuana in the workplace.
Approximately 38 states have legalized the use of medical marijuana, 19 states have legalized the use of recreational marijuana, and approximately 18 states have legalized the medical use of CBD products for treatment of health issues. Additionally, there is a recent trend where some states and cities are starting to prohibit drug testing for marijuana under certain circumstances.
Employers can no longer treat marijuana the way they did 20 years ago.
The federal government still classifies marijuana, all forms, as a Controlled Substances Act Schedule I drug, meaning that there is no currently accepted medical use for marijuana and a high potential for abuse. However, the federal government has not enforced that law in years and both houses of Congress have introduced bills to legalize marijuana at the federal level.
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