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Lisa Smith, SPHR California, Colorado, Georgia, HR News, Oregon, OSHA, Texas

Medical Marijuana 2015: One Step Closer to LEGAL

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…

Medical Marijuana - Words and Leaf IconOriginally Written By Elizabeth Lopatto on

Inside the fiscal 2015 spending bill — yes, the one that’s 1,603 pages long — is a measure that prevents the federal government from interfering with states that have allowed medical marijuana or allow the drug entirely. Federal agents are now prohibited from raiding marijuana retail operations.

Sound too good to be true? Here are the relevant sections:

Sec. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

Sec. 539. None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration.

As you can see from the above — taken from the text of the bill H.R. 83 — it’s not just medical marijuana users who can feel safer. The bill also protects hemp farmers; in Colorado last year, farmers harvested the very first hemp crop since the 1950s.

Pressure has been building for the federal government to change its marijuana policy; by now, 32 states and Washington, DC have legalized marijuana or its ingredients for treating illness. Colorado and Washington state have legalized the drug entirely; sales in Colorado began January 1, and sales in Washington followed in July. Last month, citizens in Alaska, Oregon, and Washington, DC voted to legalize marijuana for recreational use.

Though the Drug Enforcement Administration still classes marijuana as a Schedule I drug — a dangerous drug with no medical benefits — states began allowing medical use of pot starting in the 1990s, an implicit rebuke to the DEA. Today, the majority of Americans favor legal weed; it’s hard not to see the text in H.R. 83 as a belated acknowledgment of that fact.

Until Next Time, Be Audit-Secure!

Lisa Smith

About LISA SMITH

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Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com.
Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Assistant at BeAuditSecure.com.

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