Weeding Out: A Series on Marijuana in the Workplace

By: Kayla M. Jacob

For employers, the legal, yet not-so-legal, state of marijuana currently presents a rather bizarre legal quagmire. Marijuana remains illegal under Federal law as it is classified in Schedule I of the Controlled Substances Act. This Federal classification implies that marijuana is one of the most dangerous and addictive drugs available. As a Schedule I substance, marijuana is classified with drugs which have no accepted medical use in treatment in the United States. And yet 37 states, three territories and the District of Columbia have “legalized” marijuana for medical use; 19 states, two territories and the District of Columbia allow recreational use of marijuana; and several states permit both recreational and medical marijuana use. Employers may often feel this tug-of-war between state and federal laws regarding marijuana when implementing workplace policies and procedures.

However, the legal status of marijuana as a half-legal and half-illegal drug may not be in “limbo” for much longer. On October 6, 2022, President Biden released a statement announcing his marijuana reform plan in which he asked the Secretary of Health and Human Services and the U.S. Attorney General to expeditiously review how marijuana is scheduled under Federal law. If marijuana is reclassified to a lower schedule of the Controlled Substances Act or removed altogether as a result of this review, it may no longer be an illegal substance under Federal law even though it will still be regulated (e.g. trafficking, marketing, and under-age sales). Employers will ultimately feel the impact of this change as it may affect how employers choose to address marijuana usage and will certainly influence drug policies currently in effect.

Whatever the status of marijuana, employers can still effectively manage workplaces without fear of reefer. The first step, as this series explores, is “weeding out” any ineffective policies and practices so that business can keep on rolling as usual. Stay tuned to Management Update for the next article in this series!