On April 22, the Department of Justice issued a final order reclassifying some forms of marijuana from Schedule I to Schedule III controlled substances. This reclassification acknowledges the potential medical uses of marijuana and paves the way for increased research. Employers need to be aware of the effects of this reclassification. In its posting DOJ Orders Immediate Reclassification of Medical Marijuana Products, Ogletree Deakins offers an overview of the change, including these implications for employers:
Reclassification could also have implications for employers, including the handling of employees who are medical marijuana cardholders, analysis of workplace accommodation requests, and maintaining drug testing and other drug-free workplace policies.
Employers with U.S. Department of Transportation (DOT)-regulated employees may want to remain mindful of the potential impact of rescheduling, though the specific impact is unknown at this time.
Ogletree Deakins offers these suggestions for employers in response to the reclassification:
Employers may want to review and audit drug policies to ensure clarity on federal preemption, safety-sensitive positions, and potential consequences. Employers may also want to be prepared to reassess their reasonable accommodation approaches under the ADA and to consider approaches similar to those employers have used to address state disability laws in the past. Additionally, employers may want to stay updated on anticipated regulatory developments or guidance may be released by the DOT, DEA, and the Department of Health and Human Services (HHS).
Here are additional articles from employment law and HR experts on this change.
- Clearing the Haze: What Employers Should Expect as Proposed Loosening of Federal Marijuana Regulation Moves Forward (US)
- What Employers Need to Know about the DOJ’s Reclassification of Certain Marijuana Products
- Marijuana Reclassification: What Are the Most Immediate Employer Impacts?
Useful Tools
The National Safety Council (NSC) has excellent resources on the topic of cannabis in the workplace:
- See the NSC guide, Cannabis and Safety: It’s Complicated, as well as the accompanying infographic (below,) which includes information from an NSC survey, which revealed that one third of employees have seen cannabis use during work hours.
- National Safety Council Employer Recommendations: Cannabis, a PDF brief that emphasizes the need for a
a Cannabis policy, the importance of building a safety-focused culture, and training. - Cannabis Regulations. This tool provides an interactive look at cannabis legalization, regulation and testing requirements by state. Adjust the first drop down menu for a nationwide view, click or hover over a specific state for local details on legalization and regulation.
- Links to to other resources and tools.
