Gabriela Wolfe on the Legal Implications of Marijuana Use in the Workplace

Despite demonstrating medical benefits for individuals suffering from medical conditions, marijuana remains a Schedule I substance, alongside heroin, LSD and ecstasy, under the Controlled Substances Act (CSA). This federal statute doesn’t specifically address the use of marijuana in the workplace, but under the Drug-Free Workplace Act, many federal contractors and federally funded employers are required to maintain a drug-free workplace. Even so, thirty states and the District of Columbia have legalized medical marijuana within their borders and nine states and the District of Columbia have legalized recreational marijuana. Some states, like New York, have gone to great lengths to afford certified medical marijuana users workplace protections.

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