More employers likely will permit off-work use of cannabis if marijuana is rescheduled from a Schedule I controlled substance to a less-dangerous Schedule III drug, as the Biden administration has proposed.
Many companies already don’t test for marijuana use, though employers with safety-sensitive positions remain wary of its usage and have zero-tolerance policies. In addition, a few jurisdictions restrict drug testing for marijuana.
There are already medications that contain THC—marijuana’s psychoactive ingredient—but rescheduling of marijuana presumably “would open the door to more and better options for people as to whom marijuana and marijuana products would be medically helpful,” said Nancy Delogu, an attorney with Littler in Washington, D.C.
If marijuana is rescheduled, it’s possible some individuals will be entitled under federal law to use marijuana products to treat medical conditions at work, she added, though employers are not required to permit on-the-job cannabis use or intoxication under state laws. When the use of a medication poses a threat to safety, employers should act to ensure the workers are fit for duty, Delogu said.
As for recreational marijuana use, if rescheduling goes forward, it still would not make the use or possession of marijuana without an actual prescription legal under federal law.
“Rather, marijuana will be more legally analogous to opioids,” Delogu explained. “Prescription opioids are lawful to use by those for whom they are...
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