Since the late 1990s, when states first began enacting medical marijuana legislation, the widespread adoption of such legislation and eventual legalization of recreational marijuana has created statutory inconsistencies that create significant confusion for employers. This complexity is compounded in states where local regulations conflict with federal law, making compliance particularly difficult; as of June 2024, at least 38 states have passed measures which decriminalize medical (or recreational) marijuana use for state law purposes. Where employers aim to uphold a drug-free workplace, these complexities require employers to ensure that they are implementing and maintaining clear policies to address marijuana use while remaining compliant.
This issue paper, authored by Diane J. Geller, Esq.; Samantha M. Kunin, Esq.; and Heather L. Ries, Esq., of Fox Rothschild LLP, provides updated information on the laws regarding medical marijuana and seeks to help employers understand state statutes and craft a drug policy that reduces liability.
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