No clear path forward for medical marijuana use by public safety employees - Austin Monitor
Now that medical marijuana is legal in Texas, will Austin allow its first responders to use it? A Monday afternoon briefing at City Council’s Public Safety Committee meeting showed that the hurdle, for once, does not come from the state government, but from federal regulations.
Thanks to House Bill 1535, Texas now allows registered physicians to prescribe “low-THC cannabis” to certain patients, including those with cancer and post-traumatic stress disorder. Under state law, low-THC cannabis is defined as cannabis products that have 1 percent THC or less. The law is silent on whether those who are legally prescribed marijuana may take the drug in the workplace.
In September, Council asked city staff whether the city could sanction the use of medical marijuana by city employees, particularly for the sworn civil service employees who make up much of Austin’s public safety departments. For now, that question will remain a part of labor contract negotiations.
Despite its limited legality in Texas and broad legality in other states, marijuana remains a Schedule I controlled substance, making its cultivation, distribution and use unlawful under federal law. Since 2014, the Rohrabacher-Farr amendment has constrained the Justice Department from spending money to prevent states from implementing their own marijuana laws. But for city governments, there are other strings that might make things more complicated.
At least that was the position Assistant City Manager Rey Arellano...
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