For years, medical marijuana dispensers have been raided and arrested in states that legally allow the use, growth, and sale of marijuana for medical reasons. But, a few days ago, Congress once again renewed the ban on the use of federal funds for the purpose of investigating and prosecuting the use of medical marijuana in states where it has been legalized. Nothing has been said officially about the federal stance on medical marijuana and the ADA, FMLA, OSHA or other employment laws that address the treatment of employees who Dance with Medical Mary Jane to treat a disabling condition. Nevertheless, this ban on federal intervention in state legal activities concerning this Schedule I drug is significant and should be discussed in the HR community.
Attorney Dale L. Deitchler of Littler.com wrote:
The legislation, however, does not legalize medical marijuana. Rather, the federal ban on marijuana continues – i.e., both medical and recreational marijuana continue to be illegal under CSA Schedule I. And, though de-funding may affect enforcement of criminal laws in states with medical marijuana statutes, it has no effect in states that have not legalized marijuana. The mere enactment of the spending bill with this provision does not warrant adjustment to drug testing policies of employers choosing to continue to treat confirmed positive marijuana test results as positive even when the result was caused by medicinal use that is lawful under state or local law.
Now, read more about the details behind this legislation and stay tuned for more to come…
Until Next Time, Be Audit-Secure!