There has been an immense progress in the legalization of marijuana in countries around the world, including some that have even legalized recreational marijuana for adult use. Nonetheless, the regulations and rules surrounding marijuana edibles can be quite complex. Hence, navigating them can be tricky.
Are Marijuana Edibles Illegal Under Federal Law?
The recreational use and sale of marijuana became legal as voters in California passed Proposition 64. Because of this, marijuana edibles are now legal in the state for recreational use. Specifically, they are legal for non-medical reasons by anyone over 21. Under federal law however, marijuana is still illegal, whether for medicinal or recreational purposes.
No matter whether the CBD products are made with THC or without THC, they are illegal under the federal law. Both the Food and Drug Administration and Drug Enforcement Agency take the position that since CBD comes from marijuana, it shouldn’t be treated differently. It is a Schedule I substance and hence, its use and possession in any form is illegal under federal law.
Can an Employee Be Fired or Disciplined for Using Marijuana?
Even though Proposition 64 has made marijuana for recreational use legal, it does not change the status quo regarding the enforcement of workplace drug testing programs and drug free policies. Since any form of marijuana is illegal under federal law, employees can get fired because of using it against their firm’s policies. Keep in mind that marijuana is intoxicant. So, this gives employers a solid reason to take disciplinary action on the basis of marijuana possession or use in the workplace. But there are some cases where medical marijuana is allowed. So, if an employee gets fired for using prescription based medical marijuana, he/she can file a lawsuit with the help of a wrongful termination attorney.
Do Employers Have to Accommodate the Medical Marijuana Use?
Employers are not required to accommodate illegal drug use according to the Americans with Disabilities Act (ADA). Since marijuana is illegal under the federal law, they don’t have to accommodate the use of medical marijuana. There could be certain situations in which fired employees can hire a wrongful termination attorney to file a discriminatory lawsuit. That’s why employers should seek counsel before they change their workplace drug testing policies.
Does My Company Need to Change its Drug Testing Policy?
It depends on various factors. If the company’s drug testing policy has not been reviewed in some time, then it may be a good idea to update it. Employers can still have drug free workplace policies whether they are associated with a state’s worker’s comp. program or they are following the federal Drug Free Workplace Act. If you are an employer, then it is highly recommended that you review your drug free workplace policies and update them according to new laws of marijuana use for recreational and medicinal purposes. It would be beneficial for both your company and your employees as it could help prevent a wrongful termination lawsuit.