Navigating Marijuana Use In The Workplace

Leading up to the 2020 general election, thirty-four states (34) had legalized marijuana for medical use and an additional ten (10) states had legalized the drug for recreational use. While the federal government has chosen not to enforce federal law in states that have legalized the drug, marijuana remains an illegal Schedule I drug under the Controlled Substance Act due to its high potential for abuse, and the federal government does not budge on treating marijuana as an illegal drug for purposes of oversight, distribution, federal disability law, etc. Numerous states, however, provided employees with job protection for marijuana use. Thus, marijuana inhabits an "in-between zone" of legality that employers must navigate: it is legal and illegal at the same time.