Marijuana Becomes Mainstream: Challenges Remain For
As marijuana becomes mainstream, challenges remain for employers 2 As marijuana becomes mainstream, challenges remain for employers In 1996, California became the first state to legalize the medical use of marijuana. A quarter-century later, the legal landscape and public perceptions of marijuana have shifted dramatically. Recreational adult use has been legalized in nearly 20 states, representing more than 40% of the US population, according to Census Bureau data. While still illegal under federal law, what was previously considered a forbidden substance is now part of the THE FEDERAL- mainstream. Many Americans are regular users of marijuana, and freely admit to being so. And, with the public’s backing, STATE DIVIDE states and municipalities continue to legalize or decriminalize Despite widespread legalization and decriminalization at the its use state and local levels, it remains illegal to cultivate, possess, or possession. use, or distribute marijuana under the federal Controlled But for employers, which must consider state and federal Substances Act of 1970 (CSA). Federal laws and regulations, laws and balance employees’ rights against the imperative including the Occupational Safety and Health Administration’s to maintain safe and drug-free workplaces, risks abound. General Duty Clause and the Drug-Free Workplace Act of 1988, Case law, legislation, and court rulings generally support also explicitly bar the use of marijuana in workplace settings. employers’ right to keep marijuana out of the workplace, Additional scrutiny applies in some industries — notably, with some limits. The question of whether to use marijuana transportation. The Omnibus Transportation Employee as a form of treatment in workers’ compensation claims, Testing Act of 1991 requires drug and alcohol testing of meanwhile, is still mired in confusion.
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